QUESTION

Would it be a liability to use a cartoon character in the name of a small business?

Asked on Sep 24th, 2014 on Intellectual Property - Florida
More details to this question:
My friend and I have been planning on creating a bakery that is focused on creating video game themed cakes and cupcakes, and we planned on the name to be Koopa Cakes, which is the name of a turtle-like enemy in the Mario Bros series owned by Nintendo. Could we be sued if we used this name?
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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Yes. Nintendo could assert trademark rights in the name Koopa.
Answered on Sep 25th, 2014 at 5:01 AM

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