Jacksonville, FL asked in Trademark and Intellectual Property for Florida

Q: if Drama Llama is trademarked for apparel can I use it for Lawncare services

I'm not fully aware of Trademark rules & regulations... I want to make sure I can use this before I fully create my LLC

2 Lawyer Answers
Benjamin Charles Korray
Benjamin Charles Korray
  • Trademarks Lawyer
  • Brooklyn, NY
  • Licensed in Florida

A: Regarding the potential of trademark infringement, the general test (stated simply) is whether a member of the public would be confused between the two brands. In other words, would someone see Drama Llama the lawn care business and think that this is the same Drama Llama that sells clothes? Even though the answer is probably not, I highly recommend that you have a professional (lawyer) perform a more in depth trademark search and provide you with a more definitive answer after viewing the full landscape of what trademarks are currently being used — on the federal level, state level, and in common law.

James L. Arrasmith
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A: If "Drama Llama" is trademarked specifically for apparel, you may be able to use it for a lawn care service as long as there is no potential for confusion with the existing trademark. However, it is recommended that you consult with a trademark attorney to determine the risk of potential trademark infringement before using the name for your business.

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