Found an issue on this page? Let us know and we will look into it as soon as possible.
I need advice on trademark infringement regarding using a trademarked word in a book I am writing
Anonymous3 views2 answers
I raced in the Ford Ironman World Championship in October of last year. I am self publishing a book and I am close to having it complete. I have recently, in the last week, found out that the word “Ironman” was trademarked by the Ironman, Inc. who puts these races on. While I certainly am not going to use their logos in the book, it is critical that I at least mention the race that I was in, “The Ford Ironman World Championships,” and this was mentioned several times in the book. I have contacted Ironman and they said I would have to publish any book through their preferred publisher if I wanted to use the Ironman Logo (no mention of using the name).
Question: Can I use Ironman or Ford Ironman World Championship in the title of the book and in the content of the book
The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.
You can lawfully use the word "Ironman" and phrase "Ford Ironman World Championship" throughout your book to identify the race. In trademark lingo you are making a "nominative fair use" of the word and phrase -- in short, you're using the word and phrase only to accurately identify the race and are not making trademark use of either.
Using the word or phrase in the title of the book is a different story. I see no compelling reason to use either in your title. The objection would be that such use in the title may confuse the book buying public into falsely believing that Ironman, Inc. either wrote the book or sponsors, endorses, or is affiliated with you. The company would likely object.
I agree with Mr. Ballard's response. Your use of the word Ironman and the name of the race itself is a fair and nominative use to describe your activities, and it's also the case that you cannot use their logo without infringing on their trademark rights.
Your question doesn't mention what classification their Ironman trademark is in, but since their representative have told you that they have a preferred publisher, then they must publish books, and your use cannot confuse the public by causing anyone to think that your book was endorsed by them or somehow affiliated with them.
Your use of their race name in your title might be possible without their consent if you also included a disclaimer that you are NOT endorsed by or affiliated with them, and include their contact information to steer any wayward consumers their way. This solution may satisfy them. You are best off, however, getting their express permission for the use in the title of your book.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
