Legal Question in Product Liability in California

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.

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

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1 Answer from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

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.

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Answered on 12/23/12, 11:53 am

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