Legal Question in Intellectual Property in California

I have a few suggestions. First, you need to do more thorough research on the exact nature of some other party's possible claim to the name "underbundies." You mentioned patent and copyright, which are vastly different, and a single word like "underbundies" probably can't be patented or copyrighted - it's the wrong category of protection for something that obviously could be, or become, someone's trademark. Did you mean that the name is already trademarked? If so, is it a trademark for underwear? In that case, your best recourse would be to locate the owner and discuss buying or licensing the name. Maybe they aren't using it actively.

Next, if your LLC isn't named "Underbundies, LLC" or something containing that name, you'll probably need to register a fictitious business name with the County Clerk. You can get the rules and forms at the courthouse or on line. It isn't necessary to register every product name or trademark as a fictitious business name, but if you are "doing business as" a name that isn't part of the LLC's name, then you must.

These are serious issues and I wouldn't proceed with manufacturing, advertising and sales until all the business-name issues are well understood and under control.

As a Franchise Attorney I agree with the other attorney answer. Neither patent or copyright law can protect "underbundies." You need to have someone research who has registered the name, when, and where. There are also common law rights that arise on use and without any registration - these need to be considered as well. Consult with a good trademark or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation