Temecula, CA asked in Trademark for California

Q: Hi. If I wish to use a trademarked product name for a different industry of products but they are somewhat correlated...

...am I at risk using that trademark? To be a little more specific, a trademark is owned for a phrase by a brewing company, but I intend to use that phrase for a line of hanging air fresheners that resemble beer hops

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1 Lawyer Answer
Michael Gerity
Michael Gerity
  • Trademarks Lawyer
  • Phoenix, AZ

A: The standard that applies in all possible infringement analysis is always whether or not there is a reasonable likelihood of confusion as to the source of the goods and/or services. So, if consumers see air fresheners that resemble beer hops, is there a reasonable likelihood that they might be confused into thinking that the air fresheners came from the brewery? There are lots of factors that need to be considered in that analysis, but that is the underlying principle.

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