Comment by Marsymars
17 hours ago
> You're not allowed to use Pikachu commercially.
There are many uses of "Pikachu" that are reserved for the trademark holder, but by-and-large the point of trademark is to avoid consumer confusion by preventing people from passing off goods/services that aren't from the "Pikachu" holder as actually being from the "Pikachu" trademark holder.
Generally, I am allowed to use "Pikachu" if it's in reference to Pikachu and doesn't involve passing off non-Pikachu things as actually being Pikachu things. If I'm a former employed-by-Nintendo Pikachu illustrator, I'm allowed to advertise that. (Even if I can't provide samples of my work.) I can advertise that I'm the "#1 seller of Pikachu snuggies" as long as I am the #1 seller of non-counterfeit Pikachu snuggies. I can charge people a subscription fee for full access to a website where I review Pikachu (and other pokemon). If I work at Walmart and someone asks me where they can get a Pikachu plush, I'm allowed to direct them to the Digimon plush section, for which I receive a kickback on sales.
The consumer confusion happening when someone googles a trademark and gets ads for different things isn't due to trademark infringement, it's due to misleading ads, which shouldn't be allowed regardless of whether a search term is trademarked or not.
During a sale aren’t allowed to lie about digimon being pikachu, even if it’s hard to enforce.
Yes, of course, you can't lie as a business, but if someone walks into Walmart and searches for "Pikachu?", Walmart employees are free to be trained to use the trademarked term and reply "You don't want Pikachu, consider Digimon!"
(It's a contrived hypothetical, but the closest I could get to a meat-space version of search keywords.)