Legal Question in Intellectual Property in New York

If decided in music group to use a name, that already exists but its a movie name, would that be some kind of copyright infringement? I don't know a whole lot on this subject, so any info on this would be great. Thanks


Asked on 1/09/10, 5:42 pm

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

It could be trademark infringement. You should see a local intellectual property attorney to evaluate your particular situation and potential risks.

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Answered on 1/15/10, 3:30 am
Nancy Delain Delain Law Office, PLLC

As Ms. Grosse says, this smacks of trademark infringement or unfair trade practice.

If the movie is a blockbuster � STAR WARS or HARRY POTTER or GONE WITH THE WIND for example � the studio has a lot of money invested in the name being used to identify goods/services in commerce � that is, the trademark value of the name. The entertainment industry is well known to guard its intellectual property rights, especially copyright and trademark, jealously.

Contact me offline if you wish to pursue this matter further.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 1/15/10, 11:22 am


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