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Author Topic: Likelihood of confusion?  (Read 625 times)

jmn192

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Likelihood of confusion?
« on: 12-15-09 at 08:13 am »

The names I am using are fictional but best describe my case. There is two major file sharing software trademarks one for LimeWire and another for FrostWire. If I were to name my product AppleWire or ColdWire would either be likely to confuse? Another example is BillQuick and me using the name BillFast.

Basically use another synonym for a word which otherwise has the same meaning. Would the trademark office grant this? Should I stay away from purchasing this domain?
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JSonnabend

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Re: Likelihood of confusion?
« Reply #1 on: 12-15-09 at 10:43 am »

That's not one question, that's three (I think).

1.  Would anyone likely be confused?  I don't know (and no one else around here can say either).  Likelihood of confusion is a highly fact specific inquiry, and you don't (and shouldn't) provide enough facts here to begin a real analysis.  Google on "DuPont Factors" for a list of factors that one considers in determining likelihood of confusion.

2.  Would the TM office grant this?  I don't know what "this" is in your question.  The TM office does not grant trademarks, only registrations.  If the other marks are registered, then the answer to your question hinges on the answer to #1.  Also, even if the TM examiner allows the application, the other mark owners may oppose.

3.  Should you purchase the domain?  Depends on how you intend to use it, your cost benefit analysis, and your risk aversion.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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JSonnabend@SonnabendLaw.com
 



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