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Trademark question...

Discussion in 'Legal Issues' started by dscurlock, Oct 10, 2015.

0
  1. #1
    Company A: as an example operates under Fluffy Apples...

    I would like to setup FluffyOranges

    As you can see, the only terms in common are "fluffy"
    however we sell the same product....

    From what I can tell, companyA does not have the term "fluffy"
    trademarked, however, companyC has a trademark on "fluffy"
    (completely different products...)

    Legally speaking, would I have any issues from CompanyA
    by using FluffyOranges since they do not own the term "Fluffy"?

    Would they still have any case by saying we are selling the same
    product or that I am trying to confuse their brand...
     
    dscurlock, Oct 10, 2015 IP
  2. PoPSiCLe

    PoPSiCLe Illustrious Member

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    #2
    Probably not. Since your examples probably isn't close enough to the real names to be really useful, let's just go with the fact that they do not have a registered trademark. If you wanna be sure, register your name as a trademark.
     
    PoPSiCLe, Oct 11, 2015 IP
  3. dscurlock

    dscurlock Prominent Member

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    #3
    They do have a trademark for their actual brand...
    The examples above was product examples, but the words they
    are using for their product are generic in nature, not that it matters,
    I have run across general/generic words being trademarked, but in this
    case, I think another company owns the trademark, different products...
     
    dscurlock, Oct 12, 2015 IP
  4. sarahk

    sarahk iTamer Staff

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    #4
    If A and B were both selling widgets (brand and product names exclude the word "fluffy") and A had a store (online or bricks) using the word "fluffy" and B sets up with it then B can expect hell to rain down. Whether it would stand up in court depends on where you are, precedent etc but B could spend a lot of money defending their right to use the word.

    If B and C were in different industries C's trademark won't apply as (in NZ anyway) a trademark is applied to a business category. Therefore my electronic appliance called ABC and packaged in Cadbury purple doesn't infringe on the trademark ABC in clothing/textiles or on Cadbury's use of purple with food.
     
    sarahk, Oct 12, 2015 IP
    jrbiz likes this.
  5. pmf123

    pmf123 Notable Member

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    #5
    when you file a trademark, you have to specify the category of items or services you will sell. they don't apply to anything you don't select.

    i know a pizza store by me called Ferrari's and another named after the Sopranos... nothing eith can do (except maybe if the logo looks the same)
     
    pmf123, Oct 14, 2015 IP
  6. jrbiz

    jrbiz Acclaimed Member

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    #6
    @sarahk has made the most salient point here about spending a lot of money. The REAL question to ask is do you have pockets deep enough to defend the company's name when the competitor inevitably comes after you. A lot of these (perhaps most) copyright cases never actually make it to a verdict because one of the litigants runs out of money long before the legal process is over and that leads to a settlement in favor of the company with the most money to back up their "trademark." If you are asking questions about the legality of a trademark, you are on the path to a long and expensive legal battle once you get on the other company's radar screen.

    So, what can happen is that you work hard for months or years building a brand, establishing a customer base and then, when you are starting to gain traction and visibility, the "infringed" company starts an expensive and very distracting legal battle. I have seen this happen time and again and I often wonder why people would work so hard on a business that has a big potential vulnerability.
     
    jrbiz, Oct 16, 2015 IP
    sarahk likes this.
  7. Pamela Turns

    Pamela Turns Active Member

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    #7
    Probably not!
     
    Pamela Turns, Oct 28, 2015 IP
  8. kjh-08

    kjh-08 Well-Known Member

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    #8
    This is the last place to get legal advise in my opinion. If you're seriously considering this then I would suggest contacting a local attorney. A 5 minute phone call can answer this without leaving you with any doubts/worries.
     
    kjh-08, Oct 28, 2015 IP
    sarahk likes this.