Saint Augustine, FL asked in Business Formation for Florida

Q: Can I have a copyrighted word in my business name? (LLC)

The word is Expedair. Looks like it is an Air Cananda copyrighted word for one of their services.

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2 Lawyer Answers
Michael  Mayoral
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Michael Mayoral
Answered
  • Coral Gables, FL
  • Licensed in Florida

A: This could amount to trademark infringement. Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. This generally requires a very detailed analysis of the facts of the matter, what business your company is in and what business Air Canada is in (if it is likely to cause confusion in the marketplace).

To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff's consent. The plaintiff must also show that defendant's use of the mark is likely to cause confusion as to the affiliation, connection or association of defendant with plaintiff, or as to the origin, sponsorship, or approval of defendant's goods, services or commercial activities by plaintiff.

Linda Liang
Linda Liang
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: This is not issue of copyright. It seems more like a trademark matter. If it is registered trademark of Air Canada, using it in industries they registered for constitutes infringement. You definitely need some help to get to the bottom of it. You should contact a trademark lawyer to conduct a thorough research for you.

Michael Mayoral agrees with this answer

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