QUESTION
We are filmmakers making a documentary film. The title of our film is the subject''s surname, colon, then a phrase.
Asked on Jul 19th, 2012 on Intellectual Property - New Jersey
More details to this question:
A foundation has trademarked the phrase and has threatened to sue us if we do not change our title. The purpose of the foundation has nothing to do with the subject of our film (though they have made films with their name in the title). Again, the phrase is a somewhat common one and is our subtitle. We always use it in conjunction with the main title, the subject''s surname. Also, we used the phrase in our title because it is from a quote by our subject. Finally, I have found two other films that use the same phrase in their title, which I assume the foundation has not threatened to sue. Does their argument have any legal merit or can we ignore it?
1 ANSWER
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It is impossible to advise you without detailed specifics regarding your proposed title, the potentially infringed mark, and the nature of the goods and services for which the mark was registered. Mere possession of a trademark does not give the trademark owner the right to exclude all other uses, but the nature and extent of the foundation's rights cannot be ascertained from the scant facts you have set forth. If you need to have some legal certainty regarding this matter, please telephone my office and I can advise you on a professional basis.
Answered on Jul 20th, 2012 at 10:41 AM