Victorville, CA asked in Business Law, Copyright, Business Formation and Trademark for California

Q: if I was to start a music label could I use the name Universal Digital Group or would that conflict with Universal music

2 Lawyer Answers
Walker Weitzel
Walker Weitzel
Answered
  • Trademarks Lawyer
  • Seattle, WA

A: The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as well as a Klein bicycle brand without there being a likelihood of confusion. In your case, however, it seems as though you would be in the exact same product space, and it would be very likely that a consumer would be confused.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
Answered
  • San Jose, CA
  • Licensed in California

A: I don't readily hear a conflict, but it depends on related factors, especially your business methods and any other factors that might suggest copying. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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