My husband and I live in Downtown Los Angles (DTLA). Someone just warned me to stop using their trademark #dtlacouple on Instagram. 1) How can I find out if it’s really trademarked 2) Do I have to stop using #dtlacouple 3) I’m not selling anything. Just posting marriage pics
You should have a US full trademark search done, which would include, at least USPTO registered trademarks, USPTO pending trademark applications, US state registrations, common law trademarks, and internet domain names to determine if someone may potentially have trademark rights to this or something confusingly similar.
You should discuss with an intellectual property attorney in a private consultation.
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If you are not entirely sure whether your use is in some way infringing, I would get some solid advice on it given that someone went out of their way to put you on notice. As others note, this may not be trademark use even if they have rights here, which is not clear.
Before you take any action on your own, I suggest that you consult with a lawyer in private and discuss your best course in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.
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