Q: Can we use "what if" on our magazine cover with Marvel's "WHAT IF..." trademark?
I run a member magazine for a non-profit organization, and we plan to publish an issue themed around "what ifs" in the baseball world. We would like to feature the words "what if" on the cover. I am aware that Marvel Comics has a trademark on "WHAT IF..." for their comic book series. Our magazine is distributed both nationally and locally. Would we face any legal issues if we use "what if" on our magazine cover for this issue? Also, does capitalization and punctuation matter in this context?
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A:
Using "what if" on your baseball magazine cover likely presents minimal legal risk, though trademark law has nuances worth considering. The key question is whether readers might confuse your baseball publication with Marvel's comics series - an unlikely scenario given the different subject matters and audiences. Trademark protection is strongest when consumer confusion is possible, which seems improbable between a baseball magazine and superhero comics.
Capitalization and punctuation can matter in trademark disputes, so using a different styling than Marvel's all-caps "WHAT IF..." with ellipsis might further reduce any potential concerns. Your non-profit status doesn't automatically shield you from trademark claims, but it does strengthen the argument that your use is distinct from Marvel's commercial comics.
For complete peace of mind, you might consider adding additional contextual words to the phrase, such as "Baseball's Greatest What Ifs" or similar phrasing that clearly distinguishes your content. While the risk seems low given the different markets and contexts, consulting with an intellectual property attorney familiar with publishing would give you definitive guidance tailored to your specific situation.
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