Legal Question in Intellectual Property in United States

Route 66; I am a t-shirt artist who has been designing and selling variations on the route 66 highway sign. I recently received a cease and desist for all of my designs sold via www.zazzle.com. My question is whether trademark applies to all variations of the famous road sign, or just the mark holders specific logo; and whether I am legally okay to continue designing and selling my unique works which are tribute to the road, not an attempt to capitalize on another's mark.

Thank you, Bill


Asked on 12/10/10, 3:59 pm

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I don't think you really expected a specific answer to your question based on the limited facts provided - right? The cease and desist letter, along with the actual rights of the sender need to be considered along with what you are doing. You need to consult with a good business or franchise attorney in your area for specific advice as soon as possible.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 12/15/10, 4:40 pm
Elliott Alderman The Alderman Law Office

I would add as an intellectual property attorney, that an existing trademark would prevent the use of only confusingly similar marks or marks within a logical zone of expansion.

Of course, you would need an attorney to analyze existing marks to determine whether you could continue to sell your works.

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Answered on 12/16/10, 8:16 am


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