Legal Question in Intellectual Property in Iowa
I have a trademark question. Hypothetically, if I were to create a band named Kesha, without knowing that the musical artist Ke$ha exists would I have a trademark issue on my hand? How big of an issue is it if it is one at all?
2 Answers from Attorneys
Yes, a monster issue. Either you were first or Ke$ha was first. I am guessing you are second. Ignorance of the law is no excuse, but knowledge could show willfulness that might result in punitive damages. There is a way to do this legally, but you need a good copyright lawyer to do it. Call me 618-462-3450.
As a Franchise Attorney I think the answer can be a bit more complicated. For example, do we know Ke$ha has filed a federally-registered service mark? If this is the case, then any subsequent use would be subject to these preexisting rights. And it's a trademark issue, not a copyright issue. 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
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