When is unauthorized use not trademark infringement?

If you draw a Dallas Mavericks emblem on your husband's birthday cake or make a Shrek costume for your daughter, is it considered trademark infringement? That depends on if you're merely displaying the trademark or appear to be sponsoring it. But what's the difference?

What would you like to protect?

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

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updated November 28, 2023 · 5min read


Dan Goldman, Esq.

by Dan Goldman, Esq.

Dan Goldman was the Intellectual Property Legal Architect for LegalZoom. He was an active member of the California St...

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