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[jbcobbs]

There is a real estate development which has a trademark for their development name with a specific font to be used. I have built a site for a client and named the site which includes the development name. The logo is the word "GO" in a larger script font with the development name in a serifed font beneath it. We have been told that we need to pay a royalty and change the font to their trademarked font for that portion of the logo. The site we have developed is a real estate search engine for homes in that area along with area event information. We are not trying to build another community with the same name or anything.

[MYK]

Is that name the name of a town, or is it specifically the real estate development?  Are you in the same region/state or are you halfway across the country?  Is your site related to that place?

If you're next door to them and are trying to associate your site with them (e.g., domain squatting), I'd say you're in a poor position re "confusingly similar".  If you're halfway across the country and are running a pest-control service, you're probably in a relatively good position.

BTW, you shouldn't post such detailed facts here, as they could find this and use anything you wrote, or were advised, against you.

[jbcobbs]

Name of a development. We are in the same location and our site is a search engine for homes in the neighborhood as well as provides area information/events/etc. Were not domain squatting, we are using the site.

[MYK]

I would strongly suggest you edit your first post to remove identifying information.

I would also say that you don't seem to be in a good position.  From what you've written, IMHO, it's not far from naming your new brand of diapers "new huggies" or "really pampers".

[jbcobbs]

I edited the post. Thanks or the advice. I understand your huggies example and I think it is very pertinent. I think I might suggest instead of targeting the specific neighborhood, we go city-wide instead.

[MYK]

BTW, you should talk to a local IP/TM attorney if the issue continues.

[Isaac]

There is a real estate development which has a trademark for their development name with a specific font to be used. I have built a site for a client and named the site which includes the development name. The logo is the word "GO" in a larger script font with the development name in a serifed font beneath it.

The answer could depend on whether the trademark prevents use of the development name in plain font.   The question is not easily answered, and is impossible to answer without more detail than you should post here.  It's at least possible that the unadorned text is not protectable as a trademark.

If the trademark is federally registered, a first step might be to see if the registration includes a disclaimer about the plain text.  But that would just be a starting point.