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Author Topic: Anything-r-us  (Read 988 times)

Inquisitive

  • Guest
Anything-r-us
« on: 07-23-06 at 08:13 pm »

Does the "R-US" genre exlusively belongs to the Toys-R-Us company?

What if I want to use shoes-r-us name?
(just an example)

Can they say they own all the mark for all R-Us names. I don't see a claim  for the "R-Us" trademark, just Toys-R-Us and Babies-R-Us.


I see there are alot of other people using the R Us name, are they infringing?
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Inquisitve

  • Guest
Re: Anything-r-us
« Reply #1 on: 07-23-06 at 08:44 pm »

Further...If they (Toys "R" Us) don't sell the same items  that I sell (we are in a totally different classes), then I can't see how I can be infringing, especially I only have only the "R-Us" part in common...am I wrong?

I have seen companies registered marks that are the exact same name, but they operates in different classes, and were successful registering...

Am I missing some critical info?
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JSonnabend

  • Guest
Re: Anything-r-us
« Reply #2 on: 07-24-06 at 07:09 am »

Dilution issues aside, the test boils down to this: if consumers would likely be confused between your "R-Us" mark and "Toys-R-Us" (i.e., if they would think the two marks signified a common source for the goods or services), then you'd likely be infringing the senior mark.

Of course, even if you honestly answer that inquiry in the negative, nothing really stops Toys-R-Us from trying to stop you from using your mark -- and fighting that can be expensive and time consuming.

- Jeff
« Last Edit: 07-24-06 at 07:11 am by JSonnabend »
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