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Generic name issue
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Topic: Generic name issue (Read 543 times)
Mr. Nightlife
Newbie
Posts: 1
Generic name issue
«
on:
11-18-09 at 09:26 pm »
I own a pretty high traffic nightlife website that is very successful in northern NJ. Recently I changed the name of the site to remove geographical limitations that were in the name. Six months later I get a letter from someone in southern NJ that says I am infringing on their name. However they are not the same name and are rather a grouping of names. Here is an example.
Lets say I changed my site to nightclubnetwork.com my logo and all marketing material say nothing but nightclubnetwork.com I never under any circumstance seperat the name.
This other person has a little magazine that he publishes called "the night club network page" he operates in a simliar area doing similar business (his company name is "the night club network page". The primary difference is that I am more national and I am an online social network. He has a website (lets say thenightclubnetworkpage.com) but is primarily a small print/circulation publication. Does he have a leg to stand on? Also, he has a grouping of generic names too which I am not copying exactly. I don't even have "the" and "page" in my name.
What do you guys think?
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JSonnabend
Forum Moderator
Lead Member
Posts: 3657
Re: Generic name issue
«
Reply #1 on:
11-19-09 at 08:25 am »
The test for infringement is likelihood of confusion. The more similar the marks, and the more similar the goods and/or services covered by each, the greater the likelihood of confusion.
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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