Asked in Copyright and Intellectual Property

Q: so someone has a clothing brand with a name that doesn't seem to be copyrighted.

if i were to register copyright over the name and start my own clothing brand with it, would i be violating any copyright or intellectual property rules?

1 Lawyer Answer

A: A name isn't protected by copyright, but it might be protected as a trademark. In the U.S., an unregistered trademark is enforceable as a "common law" trademark. You run a high risk of trademark infringement liability if you use another company's brand for the same kinds of products or services.

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