Copiague, NY asked in Consumer Law, Small Claims and Copyright for New York

Q: Is "Ain't nobody got time" protected? If I made mugs that had this written on them could I be fined? Sued?

Correction ..."Ain't nobody got time for that"

1 Lawyer Answer
John B. Hudak
John B. Hudak
PREMIUM
Answered
  • Intellectual Property Lawyer
  • Milford, CT
  • Licensed in New York

A: Confirming the risk free use of a trademark can take some time and resources for searching—and analysis of what is found.

Trademark rights are obtained when a mark is used to identify the source of goods/services. A trademark search should determine if someone else is using a trademark that will cause likelihood of confusion. If there is likelihood of confusion the consumer will confuse both trademarks are identifying goods/services from a common source. Likelihood of confusion is determined by comparing (1) the similarity of the marks; and (2) the similarity of the goods/services, for which the trademark is identifying the source of those goods/services.

Consider hiring an intellectual property attorney to do a full analysis of the facts specific to your situation.

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