Pompano Beach, FL asked in Intellectual Property

Q: can I name a product after a one word song lyric that the artist / publisher did not trademark for the specific use.

Related Topics:
2 Lawyer Answers
Griffin Klema
Griffin Klema

A: Maybe. There are a lot of facts that must be evaluated when analyzing whether a company can sell a product that might infringe on the trademark rights of another. These are the DuPont factors that try to answer the core question: Is there a likelihood of confusion between your product and another's trademark? Trademarks are often limited to certain kinds of goods, and that's the second DuPont factor. You really need to discuss this with a lawyer experienced in trademark law. Infringement of another's trademark rights can lead to significant problems, such as paying the trademark owner all your profits (damages in a lawsuit for trademark infringement). Expect to budget about $800 for an opinion that will answer that question for your specific situation.

Marcos Garciaacosta agrees with this answer

A: Possible,

it will depend on how close that is to protected, or established brands or content.

A trademark is for identifying the origin of a product or service.

If that term has become an identifier for somebody else, you may be infringing if you use it for similar product or service.


