Tracy, CA asked in Animal / Dog Law, Copyright, Trademark and Intellectual Property for California

Q: I want to start a dog rescue and part of the bane would include batgirls. Tracy batgirls dog rescue. Is this legal?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Animal & Dog Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: When choosing a name for your dog rescue, it's important to consider trademark laws to avoid legal issues. The term "Batgirl" is a well-known trademark associated with DC Comics, and using it in your business name without permission could lead to trademark infringement issues.

Before finalizing the name "Tracy Batgirls Dog Rescue," you should conduct a thorough search to ensure it doesn't infringe on existing trademarks. This search can be done through the United States Patent and Trademark Office (USPTO) database.

If the name is potentially infringing, it's advisable to consider an alternative name or seek permission from the trademark holder. Obtaining permission would involve contacting DC Comics or their legal representatives to request a licensing agreement.

If you decide to proceed with this name without securing permission and it is deemed an infringement, you could face legal challenges, including a cease and desist order or a lawsuit. This could result in financial losses and the need to rebrand your organization.

In summary, while the intent behind your dog rescue is commendable, it's crucial to ensure that the name you choose does not violate trademark laws. Consulting with an attorney experienced in intellectual property law can provide you with guidance and help safeguard your rescue from potential legal complications.

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