Intellectual Property Law

Intellectual property law questions? Ask a lawyer

Ask a Lawyer,
Get an Answer ASAP!

I would like to start a non profit organization called Pink…

Customer Question
I would like to start...
I would like to start a non profit organization called Pink Phoenix Garden Club or Pink Promise Garden Club in Annapolis MD. Both of the names are ***** ***** other states for breast cancer survivor services that are different from mine. Pink Phoenix Dragon Boat Team, and Pink Promise Rose... Would I be violating their copyrights to use one of these names? Thank you, ***** *****
Submitted: 2 years ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 1 hour by:
2/3/2016
IP Lawyer: socrateaser, Lawyer replied 2 years ago
socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 39,975
Experience: Retired
Verified

Hello,

You won't be violating any copyright, because the issue of your concern is trademark, and not copyright infringement.

Unfortunately, the trademark "Pink Promise" is registered. Consequently, any use with subsidiary terms, such as "garden club" would be a clear infringement of the Pink Promise trademark, because an ordinary consumer could be easily confused as to the source or affiliation of a garden club apparently associated with the Pink Promise trademark.

You may be able to obtain a license from the registrant: Walgreen Co.,***** Deerfield IL 60015 -- especially if the activities of your organization are intended for only a local reach. If not, then I believe you may want to devise a different trademark, because Walgreen is a large organization, and it could easily afford to bring legal action to prevent you from using the Pink Promise trademark.

Note: You could simply reverse the terms, to read "Promise Pink," and you would not infringe on anyone's trademark. So, that's another option to consider.

I realize that my answer may not be exactly what you were hoping to read. However, under the circumstances, the best that I can do is to explain what the law is and is not, so that you can avoid expending valuable resources looking for answers that do not exist, and concentrate on the options that are actually available.

Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Ask Your Own Intellectual Property Law Question
Was this answer helpful?
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 39,975
39,975 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

465 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

461 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

P. Simmons

P. Simmons

Lawyer

175 satisfied customers

12+ yrs. of legal experience.

ipesq

ipesq

Lawyer

134 satisfied customers

Specializing in patent prosecution, trademark and copyright registration/enforcement.

< Previous | Next >

Related Intellectual Property Law Questions
I have a question regarding copyrights. I have an online
Hi! I have a question regarding copyrights. I have an online business and want nothing more than to run a successful and honest operation. I completely understand how trademarks work and I make sure t… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,939 satisfied customers
Are there any pictures of SpongeBob I can print on a T-shirt
Are there any pictures of SpongeBob I can print on a T-shirt for local racing and not get nailed for copyright infringement?… read more
ipesq
ipesq
Lawyer
J.D.
134 satisfied customers
I PURCHASED COPYRIGHTED MUSIC ON E-BAY. THE DISK I PURCHASED
I PURCHASED COPYRIGHTED MUSIC ON E-BAY. THE DISK I PURCHASED WAS SUPPOSED TO HAVE 250,000 KARAOKE SONGS ON IT. I PAID $140.00 FOR THIS DISK. I AM NOT A KARAOKE DJ. I HAVE NEVER USED THE DISK. I AM NOW… read more
socrateaser
socrateaser
Lawyer
39,975 satisfied customers
I have a questoin about copyrights. I have a copyright
I made a design for one of my products that I sell online. This person contacted me saying that I am infringing on her work and she sent me a Copyright certificate but her claims do not seem to match the copyright certificate she sent. I want 2 things from an attorney: 1) I want to make sure she is correct and I prevent any infringement on her work 2) I want to find out if I can protect my work with either copyright or trademark… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,765 satisfied customers
Could I buy the rights to a font and then trademark it to
Could I buy the rights to a font and then trademark it to snuff out the competition? I make quote art. My competition uses the same font I do.If I can't trade mark a font what else can I do? Is there … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,939 satisfied customers
Regarding a Copyright Infringement I am based in the US and
Hey Pearl - Regarding a Copyright InfringementI am based in the US and ran a blog that has now been turned off. A few years back we used an image on a post sourced on Google, we couldn't find a credit… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,765 satisfied customers
I have a question regarding the use of copyright protected
Hi! I have a question regarding the use of copyright protected music in home videos produced for others. … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,765 satisfied customers
I just got off the phone with the copyright office and
I just got off the phone with the copyright office and apparently, quotes aren't copyrightable? The rep said I should trademark instead. Is that right?… read more
Kendell Kelly, Esq
Kendell Kelly, Esq
Kendell R Kelly, Esq
Doctoral Degree
601 satisfied customers
Legal help please. Trademark question. I own a set of domain
Legal help please. Trademark question.I own a set of domain names. All are similar and refer to a unique Japanese bakery item that I hope will someday catch on here in the U.S.The websites currently h… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
938 satisfied customers
I have received the same copyright infringement letter from
I have received the same copyright infringement letter from Fechner Law in Germany, noted by the client on this ask page. I searched to see if the company and person was legitimate and it appears so. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Let's just say this quote is copyrighted: "Please Remain
Let's just say this quote is copyrighted:"Please Remain Seated For the Entire Performance."Is this quote violating that copyright?:"Please Remain Seated For The Entire Pooformace."… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,223 satisfied customers
Is it possible to be sued for copyright infringement of a
Is it possible to be sued for copyright infringement of a song if a songwriter thinks a verse sounds similar? My next question is, is being sued for copyright infringement of a song possible as long a… read more
socrateaser
socrateaser
Lawyer
39,975 satisfied customers
I have a question about copyright, patent or trademark, not
Hello, I have a question about copyright, patent or trademark, not sure what to use and how... I'm building a website- software that has specific features. There are lots of the same features all over… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,765 satisfied customers
I recently received a letter about copyright infringement
Hello, I recently received a letter about copyright infringement regarding a photo I had posted on my blog 2 years ago. … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,234 satisfied customers
I need someone with copyright, trademark law. I am creating
Hi, I need someone with copyright, trademark law. I am creating posters, political in nature as well as single scene comic strips. They are very patriotic content, images, (e.g. images of Mt. Rushmore… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,939 satisfied customers
I need help with music things. Copyrights and trademarks. If
I need help with music things. Copyrights and trademarks … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,896 satisfied customers
I went through Legal Zoom for copyright and Trademark
Hello, I went through Legal Zoom for copyright and Trademark protection on my patent pending product. The U,S,P.T.O. approved "Life" on my submission for "Life Head Gear". … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,939 satisfied customers
This question concerns trademark/copyright of street
This question concerns trademark/copyright of street photography. Hello. I live in Austin, TX. I have been working on a street photography project in which I shoot recognizable local businesses and si… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,896 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x