Legal Question in Intellectual Property in Indiana

My band and I have been struggling with the fact that we might get sued for copyright infringement or something like that if we stick with the name "Fear and Loathing" because of the movie "Fear and Loathing in Las Vegas" and other books that start with the "Fear and Loathing.." title. I was hoping I could get this cleared up before we start to get our name out there.


Asked on 1/27/11, 12:44 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say this. Trademarks can exist for a whole range of industries and categories. A movie called "Fear and Loathing in Las Vegas" does not prevent a band from using "Fear and Loathing." It's important to do a search of federally registered marks to see who else is using "Fear and Loathing," and for what categories. Only then can a determination evolve. Consult with a good business or franchise attorney in your area for specific advice.

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

Franchise Foundations, a Professional Corporation

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Answered on 1/29/11, 12:19 pm


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