Kansas City, MO asked in Copyright, Intellectual Property and Trademark for Kansas

Q: If a symbol is trademarked for clothing, can the owner sue a copycat if it they use the symbol on a household item?

1 Lawyer Answer
Griffin Klema
Griffin Klema
Answered
  • Trademarks Lawyer
  • Tampa, FL

A: Short answer: Maybe.

Long answer: It depends on whether the two goods are so related as to potentially cause consumer confusion (which is a core issue in trademark law). The other thing that must be evaluated is whether the crossover from clothing to "a household good" is within the natural zone of expansion for the trademarked clothing. If you own the trademark in question, you should consider taking action to stop the outright copying of the logo. An intellectual property litigator can help with that. If you are the household item manufacturer, you should seek a freedom to operate opinion from a trademark lawyer to help minimize any risk you may have of being sued by the clothing maker.

Good luck!

Griffin Klema

https://klemalaw.com

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