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Author Topic: Would this be ok?  (Read 1350 times)

a123

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Would this be ok?
« on: 08-30-07 at 10:41 pm »

Let's say there are 2 competing companies that offer the exact same service. Allowing customers to plant a potato for example. One company is called "Plant A Potato" and has that name trademarked. The other is called "You Plant A Potato". Is this considered okay for the second company to do since the name of the first company describes the service? Many other companies that provide the same service use the phrase on their websites and it is a common keyphrase used by customers looking for the service.

Thanks!
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JSonnabend

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Re: Would this be ok?
« Reply #1 on: 08-31-07 at 06:34 am »

In your hypothetical, neither party has any trademark rights as far as I can tell, as both marks are certainly merely descriptive, if not outright generic.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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