Asked in Copyright and Intellectual Property

Q: Apple AirPods If I name my similiar product "EarPods" is that a TM infringement?

i have an online shop and want to sell EarPhones from china. Can I name them EarPods?

1 Lawyer Answer
Sean Erin Serraguard
Sean Erin Serraguard
  • Intellectual Property Lawyer
  • Troy, MI

A: I think you've answered your own question here. You sound like you see the likelihood of confusion between the name "EarPods" and "AirPods", as trademarked by Apple. Similar sounds, appearance, meaning and commercial impression can contribute to likelihood of confusion. If you're determined to use this name, you should consider hiring an attorney to prepare a formal opinion on the matter.

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