Legal Question in Intellectual Property in Ohio

I need to know is it is possible to Copy right a Name such as Justus on its own. We have a tiny business that uses the name Justus Apparel. And the company coming after me is Justus Clothing which claims they own the right to the solo use of the word Justus.


Asked on 12/09/10, 8:25 am

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

As a Franchise Attorney I think you mean trademark. You can't copyright a name, but you can trademark a name. To evaluate the claim of the company pursuing you requires an analysis of how they protected their trademark (federal vs. state), when they did so, where they operate and whether you have prior, common law rights that supersede their rights. Trademarks do not have to be registered to create common law rights. As you can see, this is a technical subject. 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 12/14/10, 8:51 am


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