Cherokee Village, AR asked in Copyright and Trademark for Arkansas

Q: Can Warner Music take down my product listing?

I sell a shirt that says “My Chemical Imbalance” hand drawn in reference to the band, My Chemical Romance. I have looked at their trademark and as far as I can tell, they don’t have the proper trademark to take my listing down unless I am misunderstanding.

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2 Lawyer Answers
Robert Kost
Robert Kost
PREMIUM
Answered
  • Intellectual Property Lawyer
  • Pittsburgh, PA

A: You might want to consider: "MY CHEMICAL ROMANCE

Goods and Services IC 041. US 100 101 107. G & S: [ ENTERTAINMENT SERVICES IN THE NATURE OF LIVE MUSICAL PERFORMANCES; ] PROVIDING A WEBSITE FEATURING INFORMATION REGARDING [ LIVE PERFORMANCES AND ] MUSIC, >>>>>>>CLOTHING<<<<<<<<, HEADWEAR, [ MESSENGER BAGS, ] AND >>>>>>>CLOTHING<<<<<< ACCESSORIES [; MUSIC PUBLISHING SERVICES; ] [ AND PRODUCTION AND DISTRIBUTION OF MUSIC VIDEOS ]. FIRST USE: 20020731. FIRST USE IN COMMERCE: 20020731"

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: It will depend on how they have the brand registered and protected.

You should consult with an attorney.

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