Legal Question in Intellectual Property in Florida

Pretty generic question; Can the name of a team that is no longer in existed be used without breaking any copy right infringement laws?


Asked on 2/05/10, 12:22 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Names are not copyrighted. Names may be protected as trademarks. Trademark rights terminate after a period of non-use or non-renewal by their owners. Mere non-use for a short time will not invalidate trademark rights; rather, there must be evidence that the owner intends to abandon the mark permanently. Additionally, even if the trademark is no longer used as a "team" name or logo (the team down't exist anymore), the trademark may continue to be in use for merchandising related to the former team.

So, your "pretty generic question" is indeed too generic (and based on a faulty premise) to be given a specific yes or no answer.

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Answered on 2/10/10, 1:34 pm


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