if I were to start a site/business called Yoga Business Bureau and it were going to operate similar to the Better Business Bureau but with many differences due to the fact that I am targeting a specific kind of business...am I infringing upon the better business bureaus trademark? I wouldnt be mentioning B B B on the site or referencing it in any way...but the business model is similar to theirs... so am I asking for trouble using a name with "business bureau" in it? (FWIW I am not starting Yoga Business Bureau...that's just an example)
Usual answer: it depends. The "trick" is showing there's no intent to cause consumer confusion, albeit it won't necessarily stop someone from believing otherwise.
Thanks Dave...I don't intend to create confusion and I don't see how there would be any confusion (though I'm sure you're right about it not stopping anyone from believing otherwise). thanks!
I don't think you have anything to worry about. As already pointed out the key is going to be confusion. I have an article about the likelihood of confusion on my site. See: Trademark Infringement - Likelihood of Confusion I can't imagine that the BBB would be able to prevent all use of "business bureau." What I would do, however, is to make sure you pick a logo that is substantially different than the BBB. If you were to have a similar logo that could put you in a different situation. Also, if you want to be completely safe what you might want to do is try and pick a synonym for "bureau." Although it is probably not necessary, when you are starting out I always advise clients that they should start out picking a name that is good, does not present any problems and a name that provides the opportunity to obtain the DOT COM domain name. Good luck! -Gene Patent Attorney & Founder of IPWatchdog.com