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
Answered
  • 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.

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