use of gucci name in porn industry?

[ehqme]

Will incorporate in either florida or new york

Hi there!


Im currently working on releasing an adult dvd. The company name for the corporation contains the word Gucci. Having searched the trademark records, I found a couple other entries that contained the same word, not related to the fashion corporation... Mama Gucci, for example. Considering this is a last name, and not a related product, would we be liable for any legal action considering it is a porn related company?

I am also directing, and plan to use the name Gucci as my fictional director surname.

Say, if a company has a name like Gucci Senator (not ours), are they liable for action or infringement?

 

[ChicagoLawyer]

Surnames cannot be protected by trademark laws. Fictitous names can. In this instance, I would imagine that you would certainly incur the rath of the Italian company and would not reccomend that you use the name as either the production company name or your screen name. I think that there would be a very strong dilution case in their favor.

This is not intended as legal advice, but merely general information. We have no attorney client relationship either.