QUESTION
Non-profit and DBA for fundraiser. Someone trying to steal name.
Asked on Sep 16th, 2011 on Business Litigation - California
More details to this question:
Hi, I understand that non-profits do not have to file DBA''s with the County of Los Angeles. Only for-profits. Charities are allowed to operate under other names w/o registering a DBA.
We created a film festival as a fundraiser for our charity. We started it in 2009. No other festival had our name.
Today someone emailed us asking us to cease and decist with using the name as they registered our festival name Oct. 2010 with the County.
We have established the name online and off. They are trying to capitalize on our hard work. They have not even created their own festival.
We were told by the county that anyone can register the name, so they did not break the law; and that we did not break as well.
How do we protect ourselves from individuals like this? We don''t want them to sabotage our festival. What do we do?
PS We did go ahead and register a shortened name of the festival with the County just to keep it from anyone else.
1 ANSWER
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This dispute arises under the law of trademark. Normally, rights to use such names arise from use, not registration. In other words, one obtains no right to use a trademark merely by registering the trademark of an earlier ("senior") user; the junior user is still an infringer, even though the name is registered as a trade name.
If the festival name has commercially important value to your organization, you should engage experienced trademark litigation counsel and protect your rights.
Answered on Sep 17th, 2011 at 7:03 AM