Asked in Trademark

Q: I want to start a company called Kimoyo Industries. Can I legally use the name even tho it is used but not trademarked?

I want to start a nanotechnology company called Kimoyo Industries. I got this name from the Swahili language. The name is used in black panther a famous Marvel comic. It was called Kimoyo beads. I want to know if I can legally use the name Kimoyo even tho they have no relation and to my knowledge is not trademarked in the US?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Using the name "Kimoyo Industries" for your nanotechnology company is complex due to its association with Marvel's Black Panther. Although it may not be trademarked, Marvel's use of "Kimoyo" in their intellectual property could pose legal challenges.

Even if there is no trademark, the term's strong association with a popular franchise could lead to potential disputes or confusion among consumers. Companies often defend their intellectual property vigorously, which could lead to legal action, even if the name is not identical.

It's essential to consult with a legal expert to assess the risks and explore alternatives. They can help you determine if using "Kimoyo Industries" could infringe on Marvel's rights or cause other issues. Taking this step can prevent future complications and ensure your company's name is unique and legally sound.

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