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Trademark and IM use (legal question)
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I am publishing a book and my agent is sure that the publisher will want me to add in that I am a IM finisher. My question is whether I can put in that I "finished a full Ironman" or if this would be a trademark violation.

The IM website (http://www.ironman.com/...q.aspx#axzz54v8zDabN) seems vague, and one legal opinion seems to say it's fine to use it in a general sense (https://www.galvanilegal.com/...scribe-a-race-i-did/), but I want to double-check with any attorneys or legal experts on here. The issue in my case is that it would be used in a book from which I would profit. I can't see other trademarked entities such as "World Series" or "NBA" pursuing legal action, but I'm not so trusting of WTC. I'd rather use Ironman than "completed a full-distance triathlon", but I don't want a legal battle either. Thoughts?
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Re: Trademark and IM use (legal question) [MKATC] [ In reply to ]
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It would be unwise of you to proceed (either way) based on responses you receive on this or any other message board. Either you or your publisher should engage an IP lawyer to answer this question.
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Re: Trademark and IM use (legal question) [MKATC] [ In reply to ]
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I believe it depends on the context of the use. If the use is in the title, say "Fat Man to Ironman" (not suggesting anything about you in that title, by the way) then there is a risk of trade mark infringement. You would be using WTC's registered trade mark to sell your product.

If, however, you referenced it throughout the book, then it's no issue "when I was 18 I remember watching an Ironman race on the TV and was hooked, from that moment on I knew that I wanted to complete an Ironman race" then you are not using it in a trading sense, you are merely referring to the fact that the brand exists. "I used to drink Coca Cola but now I tend to drink plain water, often Evian". You are not using the brand to sell your product or service, no infringement.

That is as per UK trade mark law but I don't believe US is that much different.
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Re: Trademark and IM use (legal question) [lbmxj560] [ In reply to ]
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lbmxj560 wrote:
I believe it depends on the context of the use. If the use is in the title, say "Fat Man to Ironman" (not suggesting anything about you in that title, by the way) then there is a risk of trade mark infringement. You would be using WTC's registered trade mark to sell your product.

If, however, you referenced it throughout the book, then it's no issue "when I was 18 I remember watching an Ironman race on the TV and was hooked, from that moment on I knew that I wanted to complete an Ironman race" then you are not using it in a trading sense, you are merely referring to the fact that the brand exists. "I used to drink Coca Cola but now I tend to drink plain water, often Evian". You are not using the brand to sell your product or service, no infringement.

That is as per UK trade mark law but I don't believe US is that much different.

Adding the registered trademark symbol also helps in scenario #2 to further CYA. Ironman®

Favorite Gear: Dimond | Cadex | Desoto Sport | Hoka One One
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Re: Trademark and IM use (legal question) [logella] [ In reply to ]
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No opinions will be taken as legal advice, I'm just looking to see if anyone had prior experience with this. I've emailed the WTC for permission but I don't expect to hear a response from them.
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Re: Trademark and IM use (legal question) [lbmxj560] [ In reply to ]
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lbmxj560 wrote:
If, however, you referenced it throughout the book, then it's no issue "when I was 18 I remember watching an Ironman race on the TV and was hooked, from that moment on I knew that I wanted to complete an Ironman race" then you are not using it in a trading sense, you are merely referring to the fact that the brand exists.


That's the extent of any mention, just to say something along the lines of "Eventually, I completed my first half IronmanTM, followed a year later by my first full IronmanTM race".
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Re: Trademark and IM use (legal question) [MKATC] [ In reply to ]
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This is not legal advice. Consult your own attorney. Many organizations offer free legal counsel for creative-related projects. See, e.g., Texas Lawyers and Accountants for the Arts. That said,

You are making mountains out of molehills. Mentioning, or even talking about, Ironman in the context of your own life should (b/c this is not legal advice, I will not say will) not violate any IP laws. To make yourself feel better, take a look at other books that not only faced this same issue, but likely even more so by making it a central point of their book. (Iron Wars, Finding Ultra, etc.)


A trademark is used to designate source of the goods. Trademark infringement is when two people are selling the same or similar goods and there is a risk that consumers will be confused. If I want to buy an apple and there are two companies - Jo's Apples and Joe's Apples -- the risk is that I may get confused and mis-attribute the source. So if Jo's is horrible and Joe's is fantastic, I need to be protected. (Yes, I'm serious). Where the products offered are different (e.g., fruit v.s. computers), there is no need for protection. Here, you are an author - not a race sponsor. Thus, trademark is not an issue.

You didn't mention it, but what you are really concerned about is copyright (literal copying of intellectual property). Fortunately, copyright law has a "fair use" provision that should (again, should - I'm an IP attorney, but I'm not YOUR your attorney) cover you here. One factor is whether the use is de minimis - from what you said, your mention is fine. If you were writing a history of the competition, you may want to seriously consult an attorney.

There are some other IP issues in the penumbra of IP law, but so long as you did actually finish the race, you shouldn't worry.
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Re: Trademark and IM use (legal question) [MKATC] [ In reply to ]
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Issues will arise if by using the mark you are suggesting or implying an endorsement by or affiliation with WTC. If you merely state somewhere in the body of the text the factual assertion that you've run the race, I cannot see any reasonable objection by WTC. Things get problematic were the mark appears on the cover or jacket of the book, or the mark is included in promotional materials. (Although my guess is that this happens quite frequently with no objection from WTC.) So, don't use the mark as a means of promotion and you should be okay. If you really want to be squeeky clean, include a disclaimer: IRONMAN is a registered trademark of World Triathlon Corporation. Use of the mark in this book does not imply any endorsement or affiliation.
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Re: Trademark and IM use (legal question) [Celerius] [ In reply to ]
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You can write that you finished IRONMAN XYZ; you an say you are an IRONMAN finisher...

You just can not use their marks.
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Re: Trademark and IM use (legal question) [MKATC] [ In reply to ]
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MKATC wrote:
lbmxj560 wrote:
If, however, you referenced it throughout the book, then it's no issue "when I was 18 I remember watching an Ironman race on the TV and was hooked, from that moment on I knew that I wanted to complete an Ironman race" then you are not using it in a trading sense, you are merely referring to the fact that the brand exists.


That's the extent of any mention, just to say something along the lines of "Eventually, I completed my first half IronmanTM, followed a year later by my first full IronmanTM race".

Should not be a problem. You could also say that that you completed an Ironman in Nike shoes, in a Roka wetsuit, on a Trek bike, stayed at a Hilton, drank Gatorade during the race and Budweiser afterward, uploaded your Garmin file to Strava and Training Peaks, posted about it on Slowtwitch, etc.
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Re: Trademark and IM use (legal question) [Celerius] [ In reply to ]
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Celerius wrote:
If you really want to be squeeky clean, include a disclaimer: IRONMAN is a registered trademark of World Triathlon Corporation. Use of the mark in this book does not imply any endorsement or affiliation.

Sounds like a good disclaimer for the copyright page.
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