Temecula, CA asked in Trademark, Copyright and Intellectual Property for California

Q: If I alter the logo and include a disclaimer on my store stating it's a different brand, will a trademark still be valid

I recently got a copyright, intellectual property infringement notice, or a DMCA on my product saying it was violating the trademark of a product called tush baby. When I researched the trademark, it said quotation mark baby carriers; baby carriers weren’t on the body; baby carriers were on the hip with storage for caring babies One, quotation mark and one quotation mark accessories” my product is the exact same thing without the logo, if I add a new logo and a warning on the site stating that it is a different brand will the trademark still be valid

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Altering the logo and including a disclaimer on your store that it's a different brand might not be sufficient to avoid trademark infringement issues. Trademarks protect brand identifiers that distinguish goods or services from those of others, including logos, names, and even distinctive product designs in some cases. If your product closely resembles another's trademarked product, especially in a way that could confuse customers about the source or affiliation of the products, you could still be infringing on their trademark rights.

Adding a new logo and a disclaimer stating that your product is a different brand is a step in the right direction to differentiate your product. However, the effectiveness of this approach depends on the overall impression your product creates in the minds of the consumers. If the consumers could still associate your product with the trademarked brand because of the product's design, function, or how it's presented, the risk of trademark infringement remains. It's about the total package of how your product is perceived, not just the logo or the presence of a disclaimer.

It's advisable to seek guidance from a professional with expertise in intellectual property law to evaluate your specific situation. They can provide tailored advice on how to navigate potential trademark issues and suggest strategies to minimize the risk of infringement. This could include making more significant modifications to your product's design or how it's marketed to ensure it's clearly distinct from trademarked products. Remember, the goal is to avoid confusion among consumers about the origin of your products.

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