Louisville, KY asked in Trademark for Ohio

Q: I have a question about a trademark. Serial # 88187684.

There is a winged lion wearing a crown and holding a sword. Are those aspects of the design trademarked if they are used outside of a shield design and the words "CINCINNATI" and "FC" are not used?

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Trademarks Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: A court would have to decide which elements of a trademark are significant, and if the overall impression of the other design infringes the trademark. If the trademark owner believes that design creates a likelihood of confusion with its trademark, or if the infringer's design is trying to imitate the mark in order to profit from the owner's trademark, then the trademark owner can sue the infringer for trademark infringement. If a mark is registered, the owner can recover triple damages plus attorney fees from the infringer. Even if the trademark owner does not ultimately win, the infringer could incur significant attorney fees to defend the infringement claim.

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