Los Angeles, CA asked in Copyright, Intellectual Property and Trademark for California

Q: What is risk of trademark infringement if I file DBA for AKME and a company with trademark exists for ACME?

There are trademarks by both large tech company in unrelated industry, and also a trademark by company in the same industry selling similar products.

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

A: Short answer: yes. The rule for analyzing infringement is to first correct any spelling errors or unusual spellings before doing the analysis. So, for example, "shooze" would first be converted to "shoes," and "2legit" would be converted to "too legit." When two words are homophones (i.e. they sound alike, like your examples do), they are treated as the same word. So, here you would simply do the analysis as though the marks were the same, and it would then come down to whether the products and/or services are close enough to create a reasonable likelihood of confusion.

***Please note the important disclaimers 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.