Legal Question in Intellectual Property in Texas

I am strongly interested in starting a non-profit organization of specific interest (similar to Relay for Life, March of Dimes, etc.). The problem is that the name I would like to use has been used by another individual on a small scale basis for a small relay. I have attempted to contact the individual using internet methods but have not gotten a response. I cannot get a current home/business address.

My question is if I can start a non-profit organization and file for a 501 (c)(3), potentially copywrite the intellectual works that go along with it, and trademark a completely different logo if the actual title was used by someone else for a similar activity.

My goal is to take their idea on a larger scale, make it an actual non-profit, file for a 501 (c)(3), create a website, and it would actually be different.


Asked on 10/13/09, 1:56 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Your use of the other individual's tradename would probably be either servicemark infringement or unfair competition, either of which could result in substantial damages and an embarassing change of name later. If you need help getting the individual to respond toy, I can help.

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Answered on 10/18/09, 9:50 pm


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