Legal Question in Intellectual Property in Tennessee

Use of song lyric for business name

I am forming an LLC and my top choice for the company name is a

two-word phrase taken from copyrighted song lyrics. Can I use it

or should I choose a different name?


Asked on 2/28/04, 5:57 pm

1 Answer from Attorneys
Owen Smigelski Smigelski & Savari

Re: Use of song lyric for business name

It would really depend upon the nature of the lyrics being used, and how distinctive they are. The lyrics are not being used as a trademark, but how unique are they? An example is the restaurant "Cheesburger in Paradise" in Hawaii. Jimmy Buffet is currently pursuing them over use of what is a song title of his. Without additional specific information (e.g. the two words), it would be tough to give you a concrete answer. Please contact me directly if you would like an additional consultation.

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Answered on 2/28/04, 6:49 pm


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