Legal Question in Intellectual Property in California

My project, soon to become company, has the same name as a simple online video game. The video game is old and makes no substantial money and my project is about sending files via the Internet.

Two completely different things, but I heard the band Chicago had to change their name because the Chicago Transit Authority sued them. What kind of headache can I expect from this game? It's not listed trademarked yet.

Also.. What's the process for trademarking? The company doesn't exist yet.


Asked on 10/12/12, 1:23 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Can't say for sure without more information, but as a general proposition, trademarks are assigned by the Feds for exclusive use with respect to a category of goods or services, and the categories are only medium-broad. One example I frequently use is that one could trademark the name "Purple Passion" for a lipstick, and that probably wouldn't prevent someone else from using the same name for a paint color, or a Zinfandel.

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Answered on 10/12/12, 2:02 pm


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