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Re: Business names and trademark conflicts[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Jason Yearry on February 19, 2003 at 10:58:05: In Reply to: Business names and trademark conflicts posted by John on February 19, 2003 at 08:13:13: Dear John, Im just a second year law student so don't take my advice as legally binding. Disclaimer aside, there are 2 things you need to understand about infringement. 1. Infringement is usually a subjective term. The reason I mention this is because even though you are subject to an infringement action if you use the trademark, you have to consider the probability that the other company will actually sue you. If you feel that there is a high probability you may want to contact the other company and work out some kind of deal with them. 2. A judge's finding of infringement depends upon consumer confusion. In conclusion, the safest route is to change your trademark into something wholly original. Make it as "distinctive" as possible. However, if you are set on retaining the trademark, I would contact a trademark lawyer who could go into a deeper examination of your case.
I am trying to select a name for a business and I have a question concerning trademark conflicts. I am considering naming my business 'XYZ Greenhouse and supply' (fictitious). It would sell plants and greenhouse supply. I have searched and have found no businesses with this name or even close. However, I did find another greenhouse business with an unrelated name that has a trademarked plant that is named the same as the first word in my business name. I will call it 'XYZ' flower. The trademark only applies to a specific plant variety. Would this be trademark infringement? Should I just find another name? Thanks
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