Starkville, MS asked in Trademark for Mississippi

Q: If a trademark says "ya filthy animal", can I use "you filthy animal"?

Related Topics:
1 Lawyer Answer
Michael Gerity
Michael Gerity
  • Trademarks Lawyer
  • Phoenix, AZ

A: The question when comparing an existing trademark to a potentially infringing one is always this: is there a reasonable likelihood of confusion? So, if a consumer sees one mark, is it reasonably likely that they might believe it to come from the owner of the other mark? As part of this analysis, before comparing two marks, you always 1) correct any misspellings, contractions, abbreviations, etc.; and 2) translate foreign words into English. Here, the "ya" is just an intentional misspelling of "you," so the two marks would be compared as if they both said "you."

***Please note the important disclaimers set forth at the bottom of this page.***

1 user found this answer helpful

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.