Can nicknames be copyrighted?
No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, [email protected] or see Circular 33 “Copyright Protection Not Available for Names, Titles, or Short Phrases”.
Can you reference a competitor’s name in an advertisement?
It is perfectly acceptable and within the bounds of the law to use another’s trademark in advertising, provided certain standards are met. The advertisement must be truthful and the use of another’s trademark must not give a false impression of connection, approval or sponsorship by the owner of the other mark.
Can you use a business name that is copyrighted?
A business name generally can be protected as a trademark under federal and state trademark law. As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.
Can you use a competitor’s logo in an ad?
Under U.S. law, use of a competitor’s trademark in accurate and non-deceptive comparative advertising is legal and does not constitute trademark infringement. Do not prominently position or otherwise highlight your competitor’s trademark in any manner that implies an affiliation with or sponsorship by your competitor.
Is it unfair to criticize a competitor’s product in an ad?
Is it unfair to criticize a competitor’s product in an ad? Genuine and positive comparisons are acceptable, and obscene and disparaging messages about a competitor may not be welcome for the customers.
Can I mention brand names on my website?
Can you use these names in your pages? Yes, but be careful how you use them. Many large companies are aware of this practice, and a number of lawsuits have been filed that relate to the use of keywords by companies other than the trademark owners.
Are comparison ads legal?
Brands get sued all the time by consumers and even other brands. So before you start planning a video to jab your competition, you want to know: Is comparative advertising legal? The short answer is “yes,” as long as you can prove your claims, and they’re not misleading or deceptive to consumers.
Can you mention a trademarked name?
Writers frequently ask whether they can mention brand name products and services in their fiction. The answer is “yes,” provided that you take some common sense precautions. Keeping this principle in mind, it is evident why fiction rarely gives rise to trademark claims.