Q: I'm opening up a new retail store and want to know if I can use a trademarked company name to describe my store.
I want to remain anonymous so I'll just use a made up example. Let's say there was a company called "Home Improvement Shop" and that company had a trademark on that name. Could I start a company called "Do-It-Yourself Depot", and then under that say "Home Improvement Shop". So I'm not using a trademarked name as my name, but technically using a trademarked name to describe what kind of shop I have. So on my logo it would say "Do-It-Yourself Depot" and underneath that it would say "Home Improvement Shop". I'm operating in Illinois and "Home Improvement Shop" operates exclusively in Oregon. Neither of us do eCommerce. Trademark infringement or no?
A: An attorney would need to review the exact language. Based on the limited information, this probably is trademark infringement because it would likely result in confusion of the source, sponsorship, or affiliation with the other company's trademark. A federal trademark provides nationwide protection, so the fact that the two businesses are operating in different states does not negate infringement.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
