Legal Question in Intellectual Property in Florida

I am curious if it is legal to use a portion of noteworthy figure's name, Charles Darwin, as the name for a product: Darwin's Premium Cheese, with the caption "cheese has evolved."

The logo of the the company would have a picture of Charles Darwin, and each block of the cheese made by the company would have "Darwin's Premium Cheese" emblazoned across the front, preferably with a smaller company logo, including the picture of Charles Darwin.

Is this legal?


Asked on 11/05/09, 3:38 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Good question. I think that Darwin peobably has been gone long enough that you can use it. Search the trademark registration to see if the name has been registered.

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Answered on 11/14/09, 5:16 pm


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