Legal Question in Intellectual Property in Florida


We have been making a small pet carrier that we call the Day Tripper. We want to start selling it through pet stores. We this name be an infringement on the old Beatles song ''Day Tripper''?

Asked on 4/17/08, 10:54 am

2 Answers from Attorneys

Phillip Day Law Offices of Phillip Day, P.L.

Re: Copyrights

This issue is really a trademark issue and a very good question. No real easy answer but if you start marketing the "day tripper" pet carrier with the song day tripper you might run into a lot of problems. Remember that you have to be practical with trademarks. Think of trademarks kind of like being the small 7th grader who decides to take on the class bully. You may be right in your decision but you may also get pounded on and it'll cost you. I am confident that any potential threat or perceieved threat of infringement is going to be met with a cease and desist letter. The question is whether you are ready to handle it. To be prepared, contact an experienced trademark attorney who can go over your exposure level and also do a qualifed search on other potential problems. At the end of the day, it probably will be a great name assuming it's not too descriptive but you have to cross your t's and dot your i's and be prepared to argue in your defense. I hope this helps.

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Answered on 4/17/08, 11:05 am
Ruben Alcoba Alcoba & Associates, P.A.

Re: Copyrights

unless the day tripper was used for selling the goods you are selling, i do not believe that you should run into problems. remember, there were a lot of people day tripping when the song was written:-)

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Answered on 4/17/08, 10:03 pm

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