Re: Name similarity based on common words

Subject: Re: Re: Name similarity based on common words

Comments:
: : I suspect I know the answer already, but here goes: I have an online internet magazine called (hypothetically) "Poetic License" which I am considering moving to printed form. As part of this effort, I started to look into getting a trademark for the magazine's name. My first search using TESS showed that the trademark was available verbatim. However, I tried a number of variations on the name and found that someone had registered "Poet Licenses". (Compare with my desired name of 'Poetic License'.) The registrant listed their service as live entertainment events (Television media) as opposed to my printed media. Am I in trouble? If so, how different does a name have to be to elimate dilution, especially since Poet and License are commonly used words? For example, would a title such as "Today's Poetic License" or "Modern Poetic License" be acceptable? : Dear George L., : You have to understand the class the antidilution statute and the mark. Even then if you have something that is questionable, even if you are right it can cost a arm and a leg if challenged and you win. : Now buy Gray's Anatomy and see if you can practice medicine. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop(sm) : E arly L egal A dvice I s N ot E xpensive(sm)

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