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TX intellectual property, trade name use laws regarding use of breast cancer awareness slogan for charity purposes
Belton, TX
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Posted about 1 year ago in Intellectual Property
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Using "Breast Cancer Awareness" to promote a product for profit not charity:
Is it legal to use "Breast Cancer Awareness" to promote a product when no proceeds go to charity. The product description does not promise proceeds got to charity. But doesn't the "Breast Cancer Awareness" slogan give the implication that something will be given to charity.
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Answers (1)
Oscar Michelen
This attorney is licensed in New York.
Posted about 1 year ago.
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This has nothing to do with trademark as "Breast Cancer Awarness" is not a trademark , its a question of whether its deceptive advertising. For example, you can write Breats Cancer Awareness on a t-shirt and then sell the t-shirt for profit with no proceeds going to a charity. What you cannot do is give the appearance that you are a not-for-profit and that all or part of the proceeds will be donated to breast cancer research when they won't be. Without more specific information, I cannot give you a more specific answer
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