Would it be against copyright/trademark laws to name a bath and body business the same as a movie title?

Question

I don't really want to say here what movie it is, but it's a pretty simple name, only 2 words and they are not unique words. So would this be a violation? I did a search with the trademark website and no one has trademarked this particular name for bath and body products or anything similar. Although, there is a drape company with the same name.

Answer 1

If you are doing it the same as the title, yes you can be sued.

Unless you can prove prior use, the owner of the copyright can make your life a living hell, even if you do eventually settle or win the suit...

Answer 2

No. It is not against trademark or copyright laws to name a bath and body type business after an idea brought up in a movie. The movie is a fictional event with fictional characters and (most often) fictional corporations. Movie executive directors (people who pay for the movie to be made), directors, and actors do not have a say in whether you incorporate using a fictional name in a fictional movie.

The only person who might file a lawsuit against you, or have a cease and desist order signed by a judge, is the writer. The way you are protected is as you so adeptly understood - you protect your corporation is by filing a trademark and copyright immediately following incorporation.

Best Wishes On your New Business Adventure!

Answer 3

Pretty Woman Take Me Home Tonight Lean On Me My Girl Mamma Mia! Across the Universe Sweet Home Alabama

Answer 4

To sum it up, the courts very rarely penalize anyone who seeks and follows legal advice prior to taking action, even if such advice was incompetent. The worst you could expect from a legal action is you might be required to change or alter your company name, no infringement fines. So don't ask yahoo, ask an attorney.

Answer 5

i think the law is you cant use the same name if your in the same industry... but aim not 100% sure.