California  |  Product Liability

Legal Question

Asked on: 12/23/12, 11:48 am

If I have a distribution agreement for my company that uses a trademark name and it became popular but the company breached the contract and decided to work with another distributor so therefore I sued for breach of contract and damages, can I still use the trademark name...for example Playboy Energy Drink, my product needs the word Playboy because everyone knows of it by that name, without it, its just Energy Drink.


Experienced California Attorneys

At the Law Offices of Eslamboly & Barlavi we handle most types of Personal Injury Cases and Tort cases including: automobile, truck, motorcycle, pedestrian, bike, and slip and fall accidents, dog bites, wrongful death, legal malpractice, medical malpractice and products liability cases. We only get paid if we recover compensation for you. Visit our website or call 1-800-LAW-TALK.

For more information visit us at EBLegal.com

1 Answer


Answered on: 12/23/12, 11:53 am by Phillip Wheeler

You can't use the trademark until that is settled in court. However, you can sue for major damages to your business since you RELIED on the contract. Key here is that you RELIED on a contract and can thus sue for damages based on that reliance. But no, the trademark issue needs to be settled first or YOU could be sued.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Phillip D. Wheeler, Attorney At Law- caonlinelawyer.com P.O. BOX 665 Morro Bay, CA 93443-0665

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

209 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search