Legal Question in Intellectual Property in New York

I would to create a website titled "The Dark Room". There is a organization of artists that is titled "The Dark Room Collective". Before officially the website goes live, I want to make sure I am no infringing any legal terms. Is their any advice you can offer me? Thanks.

Asked on 8/01/12, 8:05 am

1 Answer from Attorneys

Gary Adelman Adelman Matz, P.C.

Your question would most likely fall under Trademark Law and whether you are infringing or not depends on a variety of factors, however at this stage, the most relevant would be whether the goods and/or services you are going to provide on your website are similar to the goods and services provided by "The Dark Room Collective". The first step would be to establish that and then go to the site and do a search and see if they already have a registered mark and what "classes" they have filed for the mark. I would also recommend that you call a trademark attorney and get a consultation. Some caution and professional advice now will save you a lot of potential headaches in the future.

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Answered on 8/26/12, 10:06 am

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