Legal Question in Intellectual Property in Florida

Two months ago we started a roller derby league and named it "Palm Coast Derby Dolls." Earlier this week we received an e-mail from the LA Derby Dolls telling us that they have trademarked "Derby Dolls" and we can not use it in our name. Could you please tell me if this is correct. Could we use the spelling Dollz and be ok or must we completely change our name?


Asked on 4/13/10, 6:35 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

You need to research the type of trademark registration LA Derby Dolls has, then you will be in a position to decide the best course of action. Are they in the same type of business you're in? Is it a state or federal registration? If they only have a state registration, and you are in a different state, then you are probably ok. If they have a federal P.T.O. registration, that may cause concern if they have locked up "Derby Dolls" and are planning to enter the Florida market. Changing the spelling from Dolls to Dollz won't work. Consult with an intellectual property attorney in your area to get proper advice and facts.

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

Franchise Attorney

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Answered on 4/27/10, 7:17 am


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