Q: Can I use phrase for line of handbags I'm designing even though the phrase is the name of a TV show that is trademarked?
Growing up Vietnamese, every Vietnamese person knows "Paris by Night" a series of music concerts and variety shows released a few times a year on VHS and now streamed. "Paris By Night" is trademarked for media, videos, TV shows, movies etc. in the US. But the trademark doesn't say anything about fashion items etc. I have seen Etsy designers have handbags that say "I rather be watching Paris by Night." I just want my handbag to say "Paris By Night". Would there be an infringement?
A: Based on the current registration, you will probably be ok if you use just the phrase PARIS BY NIGHT on your handbags. However, you can further strengthen your rights in this regard by filing for your own trademark registration for this mark for handbags.
1 user found this answer helpful
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.
