Legal Question in Intellectual Property in Texas
There is a children's book and movie called: Charlotte's Web
There is a woman in Texas who wants to name her business: Charlette's Web Pest Control
How can she do this without getting sued?
1 Answer from Attorneys
Well, this is risky. No one except the movie studio (Hanna-Barber, Paramount, and Universal all have versions) or the book publisher (Harper Collins) or author (EB White) can make guarantees about whether she would get sued, but a good intellectual property lawyer versed in trademarks and copyrights should be able to keep your risk to a minimum. People have been caught up in litigation on this very trademark, in fact there was one pending in 1985 when EB White died (yet which his estate won), so the attorneys for EB White might still be aggressive in protecting this name for potential licensing. Call me 618-462-3450 if you want further information on how to do this in your specific situation.
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