trademark

Am I allowed to refer to a trademarked product when selling another product?

Yes, but be careful.

Having the right does not mean that you won’t be sued in America.

This particular right is described in the Lanham Act as a type of fair use.

The factors for “nominative” fair use are as follows.

  • a product or service must not be readily identifiable without use of the mark,
  • The user only uses so much of the mark as is necessary.
  • The user does not do anything to imply sponsorship or endorsement

In fact, it would be useful to provide a prominent disclaimer such as:

“All trademarks both marked and unmarked belong to their respective companies, and use of a trademark nominatively to refer to a particular product or service does not imply sponsorship or endorsement.”

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