Cerritos, CA asked in Trademark for California

Q: If my name is a trademarked company's name am I in trouble for making an application with my name as the author on it?

Let's say my legal name is Amazon. If I make an online store that says by Amazon, am I legally screwed?

Related Topics:
2 Lawyer Answers
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: I wouldn't use those words, but, yes, you'd need to not infringe. Speak with an IP attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Erik Špila
Erik Špila
Answered
  • Trademarks Lawyer
  • Senec, Slovakia

A: Trademark rights are different than rights arising from your business name. It also depends on priority, simply speaking, who was the first user of the name and who first used it in commerce and so on. You should seek professional IP lawyer to discuss further.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.