Legal Question in Intellectual Property in Texas

Copywritten name being used by

My friend has copyrighted a name for his clothing line and it is an established business in Texas. However, we recently have seen a famous entertainment wrestler on national tv, who on his 'outfit'/costume he wears while wrestling, has that same name written on it. At this point my friend basically wants to maybe send a letter to him asking to not wear/advertise it to not confuse or misadvertise his clothing line. My questions are 1) is there anything illegal and/or potentially negative for my friends' business with the wrestler wearing the name, 2) what kind of letter would we send to him or how would we go about dealing with him not wearing it; i.e. would it make a difference since the wrestler doesn't reside in our same state? or are there documents we could use? Any other extra advice or anything would help, I'm not sure the exact questions to ask but I hope it does make sense. Thanks so much !


Asked on 6/24/05, 3:42 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Copywritten name being used by

Copyrighting doesn't do it! The name has to be trademarked and registered with the Office of Patent & Trademark. A trademarked name is enforceable.

If the name was trademarked, a letter to the wrestler telling him that the name is a registered trademarked name, and to stop wearing that name because that is a trademark infringement, should do the trick.

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Answered on 6/25/05, 6:56 am


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