Copyright/Trademark infringement question

Would using the business name Flying Frogfish Headweiser Brewery be a copyright violation or trademark infringement?

Right now it a joke and a play on Flying Dog, Dogfish Head, and Bud Weiser beers; but say some time in the future this beer thing works out and we establish a brewery, would we totally be infringing on those guys?

It's more a of a tribute really though. We're in Shepherdstown, WV, about 45 minutes from Flying Dog and 2 hours from Dogfish Head. The Flying Dog guys are even nice enough to let us use their brewery's parking lot for the Frederick Flying Dog Meat for all the local VW guys.

Wouldn't it make more sense to ask a qualified attorney? Somehow I doubt using the defense "I asked a bunch of people on a photography forum if this was a trademark infringement and they didn't think so." is going to carry a whole lot of weight in court when you get sued.

Woolburr wrote in post #11756421
Wouldn't it make more sense to ask a qualified attorney? Somehow I doubt using the defense "I asked a bunch of people on a photography forum if this was a trademark infringement and they didn't think so." is going to carry a whole lot of weight in court when you get sued.

Well we're not a business and I doubt we ever will be an official brewery, so I'm not going to spend he money to have an attorney answer questions that will probably never need to be answered.

Wool's just waiting for you to try it since his photo business is Frogdawg Photographix and he wants in on the lawsuit . . . But as long as you're not a business, just don't offer any to the guy who drives the beer wagon and the infringees may not find out.

Shush Jon....don't give away all the secrets!

Woolburr wrote in post #11756421
Wouldn't it make more sense to ask a qualified attorney? Somehow I doubt using the defense "I asked a bunch of people on a photography forum if this was a trademark infringement and they didn't think so." is going to carry a whole lot of weight in court when you get sued.

NO! Why ask an expert? You might not get the desired answer. Ask your friends, as they'll always tell you that you're right.

I wouldn't even "think" about a name parody in this day and age. You WILL get a cease-and-desist letter at the least. People defend their brand names and trademarks. The fact you're "not a business" will make NO difference. Then, YOU could be held personally liable. That should be fun, as we watch you quickly sell off your equipment to pay legal fees!

richardfox wrote in post #11756808
NO! Why ask an expert? You might not get the desired answer. Ask your friends, as they'll always tell you that you're right.

I wouldn't even "think" about a name parody in this day and age. You WILL get a cease-and-desist letter at the least. People defend their brand names and trademarks. The fact you're "not a business" will make NO difference. Then, YOU could be held personally liable. That should be fun, as we watch you quickly sell off your equipment to pay legal fees!

HAhahaha. My two buckets, carboy, hydrometer, and sanitizing solution? That's all I got.

Woolburr wrote in post #11756421
Wouldn't it make more sense to ask a qualified attorney? Somehow I doubt using the defense "I asked a bunch of people on a photography forum if this was a trademark infringement and they didn't think so." is going to carry a whole lot of weight in court when you get sued.

While consulting an Intellectual Property attorney would be the safest choice you might also find some reliable information here; http://www.uspto.gov/t​rademarks/basics/index​.jsp

however IF you do receive a Cease and Desist letter, I would choose not to ignore it. Actually I would probably write a nice responce asking just why a particular parity name might be confused with there clients trademark.

Wayne

Village_Idiot wrote in post #11757010
HAhahaha. My two buckets, carboy, hydrometer, and sanitizing solution? That's all I got.

You think so? How about your home, car, bank account? It may be funny now, but I can tell you that I've chased people on both copyright and patent issues, and they didn't find it humorous when ordered to pay damages. If you haven't formed a "company" properly, you can be held personally liable. You can be cute, clever and bankrupt all at the same time!

richardfox wrote in post #11758406
You think so? How about your home, car, bank account? It may be funny now, but I can tell you that I've chased people on both copyright and patent issues, and they didn't find it humorous when ordered to pay damages. If you haven't formed a "company" properly, you can be held personally liable. You can be cute, clever and bankrupt all at the same time!

That can't take what I don't own. How cute is that for you?

Good luck with messing with corporate America.

nphsbuckeye wrote in post #11762228
Good luck with messing with corporate America.

It's ok, I'm part of this club I'm not supposed to talk about.