Chicago, IL asked in Trademark and Intellectual Property for Ohio

Q: my last name is good. can i legally open a burger restaurant in ohio named goodburger or good burger (movie name)

can i legally name my restaurant good burger or goodburger despite the nickelodeon movies?

1 Lawyer Answer
James L. Arrasmith
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A: Using the name "Good Burger" or "Goodburger" for your restaurant, especially given its association with the Nickelodeon movie, could raise trademark concerns. Trademarks protect names and logos used in commerce to identify the source of goods and services. If consumers might confuse your restaurant with the movie or any related merchandise or spin-offs, there could be a trademark infringement issue.

Even if your last name is "Good," if the use of "Good Burger" in commerce might cause confusion with an existing trademark, it can be problematic. Before proceeding, you should conduct a thorough trademark search to see if "Good Burger" or "Goodburger" is registered or has common law protections in the restaurant or related categories. It's also advisable to consult with a trademark attorney to assess potential risks and get guidance on the best way to proceed.

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