Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

The forum software has been upgraded.  New registrations are not currently permitted while we iron out any bugs and other matters.  Please report any problems you find.

Author Topic: Initials  (Read 584 times)

Anonymous

  • Full Member
  • ***
  • Posts: 69
    • View Profile
Initials
« on: 05-11-11 at 05:45 pm »

The name of the high school where I teach has three words in it - we commonly use the initials of the three words to identify ourselves.  It dawned on me that there could be companies or organizations with the same initials, so I did a web search, and my suspicions were confirmed.  Is it possible that we are committing trademark infringement by using these initials on uniforms and publications?  If so, how do we know?
Logged

Kaitlin

  • Senior Member
  • ****
  • Posts: 695
    • View Profile
Re: Initials
« Reply #1 on: 05-11-11 at 07:28 pm »

As in many areas of life, in trademarks, context is everything. 
The function of trademark law is basically to keep consumers from being confused as to the source of goods or services, and to keep businesses from losing goodwill due to such confusion.  The legal standard for infringement is "likelihood of confusion."

There's not much chance of trademark infringement in a school referring to itself by its initials, even if those initials are the trademark of one or more businesses, unless the school does so in a context which could lead the public to think there is some connection with, or a sponsorship by, one or more of the people who own the trademark(s).
« Last Edit: 05-11-11 at 07:59 pm by Kaitlin »
Logged
This post is an off-the-cuff musing and should not be misconstrued as legal advice. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. Proper legal advice requires full disclosure of facts-not appropriate to a public forum-and attorney research time and effort which has not been expended here.
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.073 seconds with 17 queries.