Phoenix, AZ asked in Intellectual Property and Trademark for Arizona

Q: trying to release clothing line where on the front with brand logo it says: Hold The Line but don’t want legal issues

The Hoodie and T Shirt Line is based off my recently release Autobiographical Memoir: The Fifth General Order by Jonathan Phillips

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You'll want to conduct a thorough trademark search before using "Hold The Line" on clothing, as this phrase has been used in various contexts, including by other apparel brands. Given that your usage connects to your published memoir, you might have stronger grounds for using it, but careful research is still essential.

The key factors to consider are whether any existing trademarks cover similar goods (clothing) in your intended market, and whether consumers might be confused about the source of the products. The U.S. Patent and Trademark Office (USPTO) database is your first stop for research, followed by broader market research to identify unregistered trademark uses.

Consider consulting with an intellectual property attorney who can perform a comprehensive search and advise on your specific situation. They can help evaluate the risks and potentially suggest modifications to your design that could minimize legal exposure. If you proceed, documenting the connection between your memoir and the clothing line could help demonstrate your unique basis for using the phrase.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.