Can I be sued for a trademark violation if the plaintiff has a different market?

Discussion in 'Legal Issues' started by Edward 602, Dec 19, 2006.

  1. #1
    Hi,

    I found a nice name for a blog poster name, but it has a few trademarks listed. They are all in the seafood industry. I would like to use the name in the "work at home" industry, but I'm wondering if the other 3 companies in the seafood industry can sue me for a trademark violation if I'm in the work at home industry?

    Thanks!

    Edward 602
     
    Edward 602, Dec 19, 2006 IP
  2. drig

    drig Peon

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    #2
    I believe if it is for a different market, you are ok.
     
    drig, Dec 19, 2006 IP
  3. Edward 602

    Edward 602 Guest

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    #3
    Thanks drig!
     
    Edward 602, Dec 19, 2006 IP
  4. drig

    drig Peon

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    #4
    Sure no problem. Just remember that I am not a lawyer and making an educated guess based on the fact that when I do a trademark search, multiple TMs come up for the same term. However they are all for different industries.
     
    drig, Dec 19, 2006 IP
  5. Nonny

    Nonny Notable Member

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    #5
    IANAL, and I agree with drig, but I feel compelled to point out that even if you have the legal right to use the name, the other companies can still sue you. The odds that would happen are low, but there are some lawsuit-happy companies (think Monster Cable) that do sue anyone and everyone.
     
    Nonny, Dec 19, 2006 IP
  6. Colbyt

    Colbyt Notable Member

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    #6
    You might go to the trademark site and look around. Things are registered by "classes". Now I don't see how work at home and anything seafood could be related but then what do I know.

    Terms and common words/phrases are about the easiest to get multiple classes, different industries using the same term.
     
    Colbyt, Dec 19, 2006 IP
  7. Dave Zan

    Dave Zan Well-Known Member

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    #7
    Good comments everyone, especially what Nonny said.

    Ideally, you're fine. In reality, it's anyone's guess since there are unreasonable
    people out there.
     
    Dave Zan, Dec 19, 2006 IP
  8. Textlinksguru

    Textlinksguru Active Member

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    #8
    you should be ok until you make millions... then they might sue but for now you should be ok ;)
     
    Textlinksguru, Dec 19, 2006 IP