Asked in Copyright, Intellectual Property and Trademark

Q: Trademark / copyright question - little help needed.

Hi Dear Trademark Justia. I think I asked this question before, but I didn't get answer 125% right. My question is; if someone for example trademarks stuff like; "Juan Pablo Tequila" or "Juan Pablo Cigars" ... Can I use term "Juan Pablo" for I don't know ... "Clothes"? Can I have "Juan Pablo Clothes" if no one didn't registered that specific term before, and even if someone did trademarked "Juan Pablo Tequila"? Is that ok? The thing is, my application for earnings contract is in review ... and very soon I will start making money, but I'm not sure if I did choose the right name. Ofc Juan Pablo is made up name for project, and it's not my real name ... but ... is that ok for me to use it?

1 Lawyer Answer
Will Blackton
Will Blackton
  • Intellectual Property Lawyer
  • Raleigh, NC

A: Attorneys on the Justia Ask a Lawyer board are generally restricted to providing general information about the law. Attorneys cannot provide specific legal advice without raising a host of potential ethical and malpractice issues, which is why you're unlikely to receive the answer you want.

The most helpful response you're likely to receive here is, "you need to formally engage an attorney." It would make sense to look at which state's law governs that contract you're contemplating, then contact a few attorneys with experience in copyright and trademark law who are licensed in that state.

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