My question involves business law in the state of: Pennsylvania
Cesar Milan is a popular dog trainer with his own show on the National Geographic channel. He has published DVDs and books under the brand that is himself. "Cesar Milan" is copyright and trademark.
Let's say I run a Web site called "Cesar's Way". The Web site is a general fan site for Cesar Milan where I feature products (for sale) and news about him and his show on a weekly basis. I also sell advertising on the site. Let's say you can find my site at www.cesarsway.com. And I own that domain.
Say Cesar Milan has a book out called Cesar's Way: The Natural Guide to ... and say this is where I got the name for my Web site.
And even though "Cesar Milan" is copyright and trademark the term "Cesar's Way" is not.
1. Would the Cesar Milan brand be able to sue me for infringement on say a trademark or copyright in his full name or is "Cesar's Way" too separate for there to be an issue.
2. Does the fact that I'm selling products seen on his show or advertising on the site make me liable? Cesar Milan in no way promotes these products on the show, but say I just saw the type of dog shampoo he happens to use in the show and I'm offering that for sale or talking about it on my site.
3. Would it be a smart move to trademark and copyright the name "Cesar's Way" before anyone else has the chance to pursue litigation?