Dimondale, MI asked in Copyright, Trademark and Intellectual Property for Florida

Q: A nail polish brand has a polish named Julia, another brand also has a polish named Julia. Can you sue over this?

3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: No, not unless you are an owner of the other brand. Otherwise, you don't have standing to sue.

Marcos Garciaacosta agrees with this answer

James L. Arrasmith
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Answered

A: It depends on whether the first nail polish brand has a registered trademark for the name "Julia" and if they are using it in connection with their nail polish products. If they do, then the second nail polish brand may be infringing on their trademark rights by using the same or similar name for their own nail polish product. In that case, the first nail polish brand may have grounds to sue for trademark infringement. However, if the first brand does not have a registered trademark for the name "Julia," then it may be more difficult to prove infringement. It is always best to consult with a qualified intellectual property attorney to evaluate the specific circumstances and advise on the best course of action

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: Depends on many factors. You should consult with an attorney over this.

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