Legal Question in Intellectual Property in Louisiana

If i am a musical performer/band calling myself "Tom Violence", and another artist who performs a different genre of music holds a trademark for "TOMVIOLENCE" (note that it is trademarked as one word, all caps), am I violating this person's tm?

If so, would I still be violation if i added/dropped letters to change the spelling?

Ex: Tomm Violence, Tomm Viollance?

Also: Does his tm still hold up if I own copyrights under the name "Tom Violence" that were registered years before his tm?


Asked on 12/21/10, 2:27 pm

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say a lot more information is needed to answer your questions. First of all, is the other use a trademark or service mark? How has it been protected and where? Copyright is entirely different from trademark and a copyright does not protect just a name. Consult with a good business 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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Answered on 12/27/10, 8:18 am
Adam Lambert The Law Office of Adam S. Lambert

The actual owner of a trademark or service mark is not the person who registers it with the USPTO first, it is the person who first uses the mark in interstate commerce. If you were using the name first, he is actually infringing on your mark. You need to ask the USPTO for his trademark application. If his application shows that his first use was after your first use (and you can prove that first use through your copyrights), you should file a petition with the TTAB to cancel his mark. You could also file suit in federal court and ask for damages for his infringement on your mark.

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Answered on 12/30/10, 8:35 am


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