Epsom, NH asked in Copyright, Business Law, Intellectual Property and Trademark for New Hampshire

Q: Why is a law firm able to appropriate a trademarked name, “Better Call Saul,” with “Better Phone Stone” slogan?

It’s a question for my business law paper. The firm’s ripped off slogan is service marked; even though the entities are non-competing, they are making commercial profits from it nonetheless from another’s trademarked name. Why is this legal?

2 Lawyer Answers
Griffin Klema
Griffin Klema
Answered
  • Trademarks Lawyer
  • Tampa, FL

A: It sounds like you need to do your homework instead of seeking advice from a professional lawyer :) Here's a hint: look at the DuPont factors to determine whether two marks cause confusion in the marketplace. Good luck!

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Trademarks Lawyer
  • Mesa, AZ

A: it will depend on the product or service.

And if the people will get confused.

In this case the tv program is not a legal service, and nobody would expect that Saul is a real attorney.

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