Most trademark registrations for "Navy Seals" have been abandoned. This link shows the two that are still active. It lists the goods and services the trademark may not be used on. Book titles and covers are not listed.

https://www.trademarkia.com/trademark/trademark_step0.aspx?sd=&tn=navy+seals

 

There are books out there where characters are referred to as ex-navy seals. So that part at least isn't a problem.

Calling it that though.

Navy Seal Rescue sounds to me like a documentary of actual seal rescue missions, and so will seam out of place in fiction categories.

If its a parody, you'd be better to also parody the name.

 

At a guess I'd say that trademarking the name is more about preventing people from falsely using it to promote or sell products, such, "Super Combat knife as used by the Navy Seals".

When in doubt like this, I find contacting the relevant PR department, rather than any legal division, provides more practical information.

Don't forget, BTW, that SEALS is actually an acronym.

 

Steve Nash, Sean, and Ken Garrett (or Cass) run the wall of shame for posers for the Navy SEALs at the moment, which means they keep a record of the names and class dates etc of anyone who has ever passed BUDs then vet the ppl who make public claims, you can find any of them on SOCNET.com in the forum there as well as members of the pentagon and PR department for the Navy, they have specific threads where you can ask someone in the direct know (or you can PM any one of the three as well as Tracy Warrington from the Pentagon) and they will be the first to hear about it if you start slinging around books on SEALs without a heads up or disclaimer...(read the rules and follow them please.) For one I would STRONGLY suggest you make a clear and absolute declaration that your are not, nor have you ever, been UDT or a SEAL and do not have any actual knowledge of their operations or training .. past, present or future. As for the second, you're better off being careful than not, I have been a part of that community for over 40 years and all I can say is they take it on a case by case basis. Good Luck!

Just a added note here to clear up some confusion: The reason they are so careful about what words and claims you can make is because, one, making a claim or even suggesting that you are a member of the military or government when you aren't is illegal.. and two, in its history, the SEALs have had an increasing number of people claim to be a SEAL both to boost their businesses (including book sales) or use it on their resumes to get a job or promotion (as well as for personal reasons) and it has caused an enormous number of issues for the team guys as well as the Navy and government.. not to mention torking off the real deals .. they tend to come down pretty hard on people making the claim any more because of that.. its not so much that using the terminology is super secret squirrel stuff, it isn't, but if people stumble around in areas where they don't have experience it tends to get messy and leaves a lot of confusion behind for the guys who have actually been there, done that.

That said, it's fiction.. as long as you are clear about that, it shouldn't be a problem.

 

You could publish it anyway, and if you get a cease and desist letter, then you’ve got a new tag line:

“The book the US Navy tried to ban.” 

I’ve followed this and your other thread with interest, as my next book has a graphic including the crest of a well known football (some call it soccer!) team. I eventually found an earlier version of the crest that the club had since publicly declared was not copyrightable as the authors of the various components could not be verified.

 

https://www.amazon.com/Marliss-Melton/e/B001IGHIQO/ref=dp_byline_cont_book_1

Here's an author who has plenty of trad-published books that deal with the Navy Seals, including one series that's specifically titled "Navy SEAL Team 12". I see she actively posts on her blog, so I'd try contacting her: https://www.marlissmelton.com/contact/. Since her books were traditionally published, it's quite possible their legal teams weighed in on the issue, and she might be willing to share whether or not she needed to seek permission for her title.

As a side note, while I can't speak for certain about the title, using characters in your book who are Navy Seals shouldn't be any problem whatsoever. It's nice that you've been thoughtful enough to be concerned about whether it's kosher, but it's not something you need to worry about.

 

Part of me can't believe we're having this conversation. DOD obviously has an aggressive merchandising licensing program, but that's not the issue here. Neither is the issue of stolen valor. The question here is whether you can use the name of a Federal government agency or program in your novel and on the cover. I think the answer is, "absolutely, yes."

To understand why, it's important to recall the purpose of trademark law. This form of protection of intellectual property is intended to prevent consumer confusion in the marketplace. Thanks to trademark law, when you go to the grocery store for a Coke, you get the real thing instead of a cheap imitation. Trademarks, trade names, and service marks protect consumers from being confused about products, services, and the companies that provide them.

In this case, there's no possibility of consumer confusion because the SEALs aren't in the novel-writing business. They're in the war-making business. When you put Navy Seal Rescue on your cover, readers will understand that its a book about Navy SEALs, not a book written by Navy SEALs (at least not as part of their official duties). Hence, no confusion.

Some have suggested contacting the licensing department for clarification. I have no problem with that, but I definitely would not apply for a license. No part of the United States Government has any right to tell you whether you can write about SEALs or not. That's particularly true in this instance because the application materials specifically tell you they won't grant a license for anything they feel is disparaging to the Navy or the SEAL program.

Under the First Amendment, you not only have a right to disparage any governmental agency as much as you want (freedom of speech), but as a self-published author, you are allowed to print pretty-much anything you want about your government at work (freedom of the press). Your rights to free expression extend well beyond criticizing politicians and include the right to criticize your government, including using the names of whatever agencies and programs you care to mention. Political speech of this nature is given particular breadth in First Amendment law. As long as you avoid suggestions that your book was written by some DOD agency or approved by it, you should be absolutely safe. It's even better if your book pokes fun at the government or criticizes governmental policies.

And what if some bureaucrat in the licensing program disagrees and sends you a cease and desist letter? I'd write back saying you know your rights and you're contacting the local branch of the American Civil Liberties Union. But let's say DOD persists. What can they do to you? They don't have any ability to issue an administrative order to stop you from publishing, and even if they did, that's a prior restraint, and its particularly condemned in First Amendment case law.

They could conceivably file a trademark infringement case against you, but such a case would have to be approved by the Department of Justice, and I doubt that very much. Let's say they go ahead anyway. Their case would be extremely weak because of the problems mentioned above. In addition to their problems with their alleged intellectual property, and the many practical problems they would face in proving trademark infringement, the question becomes what damages are they entitled to if they win? That's usually a lost profits analysis, and since DOD isn't in the business of writing novels, they have no lost profits.

Of course, if they try to stop you, which I doubt they will, they're counting on the hassle factor to keep you from pressing on. One thing is likely, though, paying whatever miniscule damages could be proven at the end will be a lot cheaper than hiring a lawyer at the beginning of this process. So I see a minimal downside to carrying on with your book. I hope its a wild success.

 

Most trademark registrations for "Navy Seals" have been abandoned. This link shows the two that are still active. It lists the goods and services the trademark may not be used on. Book titles and covers are not listed.

https://www.trademarkia.com/trademark/trademark_step0.aspx?sd=&tn=navy+seals

Thanks a lot, Al. That link is helpful.

 

IANAL, but I think that if you wrote a goner Pyle-like satire, then you would be protected under parody.

Thanks Mark. Yeah, it's definitely a satire. And I like your typo: "goner" Pyle. lol

 

There are books out there where characters are referred to as ex-navy seals. So that part at least isn't a problem.

Calling it that though.

Navy Seal Rescue sounds to me like a documentary of actual seal rescue missions, and so will seam out of place in fiction categories.

If its a parody, you'd be better to also parody the name.

Thanks Timothy. My novel is not about ex-SEALs though. It's about current SEALs. I think you're right about the title though. It definitely sounds like a non-fiction title. When they read my blurb, they'll realize my book is fiction, but even so. (Although, the other novel out there titled NAVY SEAL RESCUE is a romance. https://www.amazon.com/Navy-SEAL-Rescue-Team-Twelve-ebook/dp/B0769XB9NF/ ) Still I'm leaning toward changing the title.

 

At a guess I'd say that trademarking the name is more about preventing people from falsely using it to promote or sell products, such, "Super Combat knife as used by the Navy Seals".

When in doubt like this, I find contacting the relevant PR department, rather than any legal division, provides more practical information.

Don't forget, BTW, that SEALS is actually an acronym.

Thanks Bass. Thanks for the PR department suggestion. And yes, I knew SEAL was an acronym.

 

Steve Nash, Sean, and Ken Garrett (or Cass) run the wall of shame for posers for the Navy SEALs at the moment, which means they keep a record of the names and class dates etc of anyone who has ever passed BUDs then vet the ppl who make public claims, you can find any of them on SOCNET.com in the forum there as well as members of the pentagon and PR department for the Navy, they have specific threads where you can ask someone in the direct know (or you can PM any one of the three as well as Tracy Warrington from the Pentagon) and they will be the first to hear about it if you start slinging around books on SEALs without a heads up or disclaimer...(read the rules and follow them please.) For one I would STRONGLY suggest you make a clear and absolute declaration that your are not, nor have you ever, been UDT or a SEAL and do not have any actual knowledge of their operations or training .. past, present or future. As for the second, you're better off being careful than not, I have been a part of that community for over 40 years and all I can say is they take it on a case by case basis. Good Luck!

Just a added note here to clear up some confusion: The reason they are so careful about what words and claims you can make is because, one, making a claim or even suggesting that you are a member of the military or government when you aren't is illegal.. and two, in its history, the SEALs have had an increasing number of people claim to be a SEAL both to boost their businesses (including book sales) or use it on their resumes to get a job or promotion (as well as for personal reasons) and it has caused an enormous number of issues for the team guys as well as the Navy and government.. not to mention torking off the real deals .. they tend to come down pretty hard on people making the claim any more because of that.. its not so much that using the terminology is super secret squirrel stuff, it isn't, but if people stumble around in areas where they don't have experience it tends to get messy and leaves a lot of confusion behind for the guys who have actually been there, done that.

That said, it's fiction.. as long as you are clear about that, it shouldn't be a problem.

Thanks Pandora. I never even considered passing myself off as military, and my novel is so zany I don't think anyone in their right mind would think I was. Still, I'd be happy to do the disclaimer/absolute declaration. A friend suggested I do it on the copyright page. Which I normally have in the back of the book. Perhaps I'll move the copyright page up to the front for this book.

 

Stolen Valor is a major issue. If you listen to Vietnam Vets, they were all special forces or fast operators. There wasn't a clerk or a janitor in the lot of 'em. Stolen valor was easier in the 80s and 90s, because contradictory and/or clarifying information wasn't readily available. Many people who stole valor did so for personal gain. But it's not just non-veterans claiming military service, it's veterans that had otherwise admirable service inflating that service to get sympathy or other benefits.

I, for one, spent my entire Navy career pushing a broom. My service was just as important that any other service member, and since I don't need accolades or my esteem boosted, I'm cool with it.

Thanks Mark. I never even knew what stolen valor was until I read this thread. I like Pandora's suggestion of doing a disclaimer, which I will.

 

A trademark is a trademark, and the Department of Defense is no different from other businesses when it comes to protecting what is theirs. Ruthless comes to mind. In 2015, I think it was, DoD went after well-known veterans' groups to stop them from using branch (Army, Navy, etc.) names and other images and text the Department and its branches claim as their trademarks. Only an act by Congress put that mess to rest. DoD and each branch pay military and civilian attorneys to vigorously protect their rights.

Anyone who think it's OK to use trademarks without proper licensing or authorization - well, I won't try to change your mind(s). I do,however, suggest contacting the licensing office of the mark to be used or, at least, discuss it with a licensed attorney who specializes in intellectual property law.

I can say from personal experience that getting that license/authorization isn't difficult, but it is a pay to play evolution.

Thanks OhMo. I really appreciate you bringing this issue up. I'm still learning about it. I don't know what "Ruthless" you're referring to, but from what you wrote, it sounds like any time anybody writes "Army" "Navy" or "Navy SEAL" or another branch of the armed services, they need to obtain licensing or authorization. Would that be right?

I guess I can see the concern for the title but using "Army" "Navy SEAL" etc inside a book needs licensing and authorization? Especially when the book is clearly fiction, and in my case a parody, and the author makes no claim to being military? (In fact, if the author disclaims being military?)

I'm not an attorney either but that sounds a little extreme to me.

 

You could publish it anyway, and if you get a cease and desist letter, then you've got a new tag line:

"The book the US Navy tried to ban."

I've followed this and your other thread with interest, as my next book has a graphic including the crest of a well known football (some call it soccer!) team. I eventually found an earlier version of the crest that the club had since publicly declared was not copyrightable as the authors of the various components could not be verified.

Thanks Nathan. Ha ha. Yeah, no publicity is bad publicity! Sounds like you cleared the way though for using the crest. I'm just trying to do the same but for the Navy SEAL usage thing. Good luck with your book about soccer, er, football.

 

https://www.amazon.com/Marliss-Melton/e/B001IGHIQO/ref=dp_byline_cont_book_1

Here's an author who has plenty of trad-published books that deal with the Navy Seals, including one series that's specifically titled "Navy SEAL Team 12". I see she actively posts on her blog, so I'd try contacting her: https://www.marlissmelton.com/contact/. Since her books were traditionally published, it's quite possible their legal teams weighed in on the issue, and she might be willing to share whether or not she needed to seek permission for her title.

As a side note, while I can't speak for certain about the title, using characters in your book who are Navy Seals shouldn't be any problem whatsoever. It's nice that you've been thoughtful enough to be concerned about whether it's kosher, but it's not something you need to worry about.

Thanks Crow. I wrote her. Appreciate you passing that along.

 

Trademarks are not copyrights. There are no fair use clauses in trademark laws. A trademark cannot be used, without authorization of the mark owner, for satire, educational purposes, parody, or anything else. And a cease and desist letter is not required before a mark owner can drag a violator into court.

Please read Arches' response. He knows what he's talking about. No, trademarks are not copyrights. It's a completely different deal. But you do not need to get permission to mention a trademark in a work of fiction unless we're talking about trademarked characters. If your character is a Navy SEAL, or wears Nike shoes or eats Doritos, you do not need to ask for or pay for permission to include those things. Trademarks are to prevent business competition. It doesn't mean you can never mention the name without permission. That's actually how it differs from copyright; if it were song lyrics or something, you would have to get permission.

Here's a helpful blog post that someone gave me before on a question about trademarks: http://www.betternovelproject.com/blog/trademarks/

You can see in the examples that the times where John Green chose to change a name of something to a generic, it was basically to avoid libeling the organization. For example, you don't want to say that McDonald's gave the whole town salmonella or that M&Ms can be effective as birth control, but if Johnny eats McDonald's for lunch every day or Jane wants M&Ms when she's sad, that's perfectly fine. When it comes to the Navy, that's part of the government, so the disparagement thing may not be an issue due to the first amendment (but I don't know for sure) since we do have the right to criticize the government.

 

Part of me can't believe we're having this conversation. DOD obviously has an aggressive merchandising licensing program, but that's not the issue here. Neither is the issue of stolen valor. The question here is whether you can use the name of a Federal government agency or program in your novel and on the cover. I think the answer is, "absolutely, yes."

To understand why, it's important to recall the purpose of trademark law. This form of protection of intellectual property is intended to prevent consumer confusion in the marketplace. Thanks to trademark law, when you go to the grocery store for a Coke, you get the real thing instead of a cheap imitation. Trademarks, trade names, and service marks protect consumers from being confused about products, services, and the companies that provide them.

In this case, there's no possibility of consumer confusion because the SEALs aren't in the novel-writing business. They're in the war-making business. When you put Navy Seal Rescue on your cover, readers will understand that its a book about Navy SEALs, not a book written by Navy SEALs (at least not as part of their official duties). Hence, no confusion.

Some have suggested contacting the licensing department for clarification. I have no problem with that, but I definitely would not apply for a license. No part of the United States Government has any right to tell you whether you can write about SEALs or not. That's particularly true in this instance because the application materials specifically tell you they won't grant a license for anything they feel is disparaging to the Navy or the SEAL program.

Under the First Amendment, you not only have a right to disparage any governmental agency as much as you want (freedom of speech), but as a self-published author, you are allowed to print pretty-much anything you want about your government at work (freedom of the press). Your rights to free expression extend well beyond criticizing politicians and include the right to criticize your government, including using the names of whatever agencies and programs you care to mention. Political speech of this nature is given particular breadth in First Amendment law. As long as you avoid suggestions that your book was written by some DOD agency or approved by it, you should be absolutely safe. It's even better if your book pokes fun at the government or criticizes governmental policies.

And what if some bureaucrat in the licensing program disagrees and sends you a cease and desist letter? I'd write back saying you know your rights and you're contacting the local branch of the American Civil Liberties Union. But let's say DOD persists. What can they do to you? They don't have any ability to issue an administrative order to stop you from publishing, and even if they did, that's a prior restraint, and its particularly condemned in First Amendment case law.

They could conceivably file a trademark infringement case against you, but such a case would have to be approved by the Department of Justice, and I doubt that very much. Let's say they go ahead anyway. Their case would be extremely weak because of the problems mentioned above. In addition to their problems with their alleged intellectual property, and the many practical problems they would face in proving trademark infringement, the question becomes what damages are they entitled to if they win? That's usually a lost profits analysis, and since DOD isn't in the business of writing novels, they have no lost profits.

Of course, if they try to stop you, which I doubt they will, they're counting on the hassle factor to keep you from pressing on. One thing is likely, though, paying whatever miniscule damages could be proven at the end will be a lot cheaper than hiring a lawyer at the beginning of this process. So I see a minimal downside to carrying on with your book. I hope its a wild success.

Thanks Arches. I read your post and it makes sense and then I read OhMo's right after it and I'm back to being unsure. I'm amazed there is no consensus on this issue. And doubly amazed that such diametrically opposite positions are offered. If the strict position is followed, how could we write about anything without getting a license/authorization from the person/company/military we're writing about?

 

I don't think you'd have an issue, as you're not pretending to be the Navy nor are you trying to sell Navy merchandise, but I'm not a lawyer. However, I'm curious as to why you want to use Navy SEAL Rescue as your title. I get that it might help with Amazon SEO, but it's sort of an odd title for a thriller. It makes me think of a collection of true Navy SEAL rescue stories, not a military thriller. I'd just kill two birds with one stone by coming up with another title.

 

Thanks Arches. I read your post and it makes sense and then I read OhMo's right after it and I'm back to being unsure. I'm amazed there is no consensus on this issue. And doubly amazed that such diametrically opposite positions are offered. If the strict position is followed, how could we write about anything without getting a license/authorization from the person/company/military we're writing about?

All I can tell you is what I'd do. There's definitely nothing wrong with asking the Navy what they think, and they might admit their licensing program is designed for commercial products, not written works. That said, even if they tried to stop me, I wouldn't hesitate the use the phrase "Navy SEAL" on both the cover and inside the book. But then again, I can fight back without paying high legal fees if the thing every went to court. Best of luck.

 

Please read Arches' response. He knows what he's talking about. No, trademarks are not copyrights. It's a completely different deal. But you do not need to get permission to mention a trademark in a work of fiction unless we're talking about trademarked characters. If your character is a Navy SEAL, or wears Nike shoes or eats Doritos, you do not need to ask for or pay for permission to include those things. Trademarks are to prevent business competition. It doesn't mean you can never mention the name without permission. That's actually how it differs from copyright; if it were song lyrics or something, you would have to get permission.

Here's a helpful blog post that someone gave me before on a question about trademarks: http://www.betternovelproject.com/blog/trademarks/

You can see in the examples that the times where John Green chose to change a name of something to a generic, it was basically to avoid libeling the organization. For example, you don't want to say that McDonald's gave the whole town salmonella or that M&Ms can be effective as birth control, but if Johnny eats McDonald's for lunch every day or Jane wants M&Ms when she's sad, that's perfectly fine. When it comes to the Navy, that's part of the government, so the disparagement thing may not be an issue due to the first amendment (but I don't know for sure) since we do have the right to criticize the government.

Thanks Kitty. I really tracked with your post. What you meant by "trademarked characters" would mean I couldn't write a Harry Potter novel, right? But my characters being Navy SEALs is okay. I also went to the link (thank you) and read the lawyer's post on trademarks (and also her post on copyright infringement). Very very helpful. The last thing I still have some uncertainty about would be, as you say, "the disparagement thing."
And my novel being a parody, the Navy SEAL characters are dopey doing dopey things. But it is a parody, and when I think of stuff like the movie "Stripes" or the TV show "Gomer Pyle U.S.M.C." I think I'll be okay. Thanks again.

 

I don't think you'd have an issue, as you're not pretending to be the Navy nor are you trying to sell Navy merchandise, but I'm not a lawyer. However, I'm curious as to why you want to use Navy SEAL Rescue as your title. I get that it might help with Amazon SEO, but it's sort of an odd title for a thriller. It makes me think of a collection of true Navy SEAL rescue stories, not a military thriller. I'd just kill two birds with one stone by coming up with another title.

Thanks Elizabeth

 

All I can tell you is what I'd do. There's definitely nothing wrong with asking the Navy what they think, and they might admit their licensing program is designed for commercial products, not written works. That said, even if they tried to stop me, I wouldn't hesitate the use the phrase "Navy SEAL" on both the cover and inside the book. But then again, I can fight back without paying high legal fees if the thing every went to court. Best of luck.

Thanks Arches

 

IANAL, but I think that if you wrote a goner Pyle-like satire, then you would be protected under parody.

That's a copyright issue, and a murky one, not a trademark issue.

 

Thanks Kitty. I really tracked with your post. What you meant by "trademarked characters" would mean I couldn't write a Harry Potter novel, right? But my characters being Navy SEALs is okay. I also went to the link (thank you) and read the lawyer's post on trademarks (and also her post on copyright infringement). Very very helpful. The last thing I still have some uncertainty about would be, as you say, "the disparagement thing."
And my novel being a parody, the Navy SEAL characters are dopey doing dopey things. But it is a parody, and when I think of stuff like the movie "Stripes" or the TV show "Gomer Pyle U.S.M.C." I think I'll be okay. Thanks again.

Not sure about Harry Potter (I'd guess he's trademarked), but I think most Disney characters are trademarked. Copyright prevents you from using other people's characters anyway, trademarked or not, but characters like Mickey Mouse are usually also trademarked to prevent other people from using them on merchandise or advertising. Trademark can also keep a character from falling into the public domain as soon as he normally would.