QUESTION

Can I be charged a licensing fee?

Asked on Dec 09th, 2012 on Business Law - Missouri
More details to this question:
We are making shirts with the name PREMIER on them. A local gym is threatening to charge us a 1000.00 licensing fee. We are not using their logo or art work. Only the word Premier.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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This is a trademark-law question, and it cannot be answered without a satisfactory explanation of the nature of the business you will promote (if any) with these shirts. Assuming that the local gym has trademark rights in this name, whether you require their permission depends entirely on whether an appreciable number of ordinary purchasers of your shirts could be confused into believing that your shirts were authorized or sponsored by, or originated with, the gym.l
Answered on Dec 09th, 2012 at 9:41 AM

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