Legal Question in Intellectual Property in Pennsylvania

I want to know if I am infringing upon copyright. My band name is Napoleon's Ghost and the Bone Apart band, of course referencing the historical figure. Someone, who owns the trademark to "Napoleon's Ghost" as a band name has asked me to cease use of the name. Am I infringing?


Asked on 5/12/11, 8:39 am

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

As a Franchise Attorney I can tell you this is not a copyright issue. It is a trademark infringement issue. The answer depends on a number of factors. Which band was using the name first? How did each party protected the name? Where do the bands operate; is there any geographic overlap? If there has been no registration, then each band has "common law trademark rights." This affords relatively little protection, as it applies only in their immediate geographic area(s) of operation. 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 5/13/11, 6:21 am


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