Legal Question in Intellectual Property in Florida

Common Law Trademark Rights and Commerce

I am a musician and want to create two trademarks, one for a record company I am creating and also one for a nickname I am using for me in my music. I posted my first song as an album single at a site for musicians to post and if they want to sell their music. I posted the song under the nickname I created and the record company label I am using, however I am not selling the song for anything. Rather it is a free download for promotional purposes. Does this count as using my nickname and record label publicly in commerce for a common law trademark?


Asked on 2/18/07, 7:11 pm

1 Answer from Attorneys
Johm Smith tom's

Re: Common Law Trademark Rights and Commerce

Sure, but you should get federal trademarks to benefit from the penalties and attorney fees you get when someone infringes your marks. You can contact me to discuss it; my firm focuses on Internet and entertainment law.

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Answered on 2/18/07, 9:04 pm


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