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Facebook policy & practices for using trademarked words in ad copy – client wants to use the word “Disney” in an ad. Is that a quick path to ad account ban?
Posted by on March 9, 2021 at 6:08 pmHey there PPC, a client is offering an online theme park oriented event that relates to Disney. We believe a large number of customers will be fans of Disney.
The client wants copy like “Hey Disney fans, in two weeks Company Name is hosting a magical online event that….”
I’m trying to figure out if these ads will get approved, or if it’s likely to get us an ad acct ban.
The Facebook official policy states:
“Generally, trademark infringement occurs when all three of the following requirements are met:
1. A company or person uses a trademark owner’s trademark (or similar trademark) without permission
2. That use is in commerce, meaning that it’s done in connection with the sale or promotion of goods or services
3. That use is likely to confuse consumers about the source, endorsement or affiliation of the goods or services”We’re certainly guilty of #1 & #2, but #3 is less clear.
Do you think we can use the word “Disney” as long as it’s clear that we’re not affiliated, or is Facebook in practice more strict than this?
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3 Replies
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Depending on your country, it could be illegal. Besides, Disney isn’t known for being very “open-minded”, if you know what I mean. I wouldn’t risk it.
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I don’t think the ad would get through approval
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Agree with the others. Disney is pretty hardnosed about their trademarks and copyrights. If your client is an authorized distributor or partner of Disney, then you may be able to just include a link in the ad text to their Facebook Page (official). Otherwise I wouldn’t risk it.
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