Houston, TX asked in Copyright, Trademark and Intellectual Property for South Carolina

Q: Can I name my online vintage clothing store “Jean Genie Vintage” after David Bowie’s song?

I have an Etsy shop called Jean Genie vintage Co. There are others using a name similar in other states: Jean Genim Denim, the Jean Genie, and then another Jean Genie Classics (on Etsy and actually from my same town).

I’m wanting to get an LLC to protect my business. But I don’t want to infringe on a trademark or get sued by other businesses - or David Bowie’s song rights owner.

1 Lawyer Answer
James L. Arrasmith
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A: The name "Jean Genie Vintage" may be trademarked by David Bowie's estate, so you will need to determine whether the name is trademarked and contact the trademark holder to see if they would be willing to allow you to use the name. You will also need to consider whether the name is likely to cause confusion with other businesses that are using similar names or with David Bowie's song. If you are concerned about the legal risks of using the name "Jean Genie Vintage," you should consider using a different name for your business.

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