Brooklyn, NY asked in Business Law and Trademark for New York

Q: Can i still use Goddess of Wink for my Eyelash company? I see that Goddess Wink is trade marked.

I sell false mink eyelashes. I don’t teach a class or have ebooks for sale.

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2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: If you repost your question under the Trademark section, you'll have better chances of getting a response. You're correct in that it is a business law matter, but trademark is a more accurate category for the issues that concern you here.

Tim Akpinar

1 user found this answer helpful

John B. Hudak
John B. Hudak
PREMIUM
Answered
  • Trademarks Lawyer
  • Milford, CT
  • Licensed in New York

A: Questions related to comparing trademarks and a determination of infringement are very fact specific. Therefore a full analysis is needed -- there are many factors.

When there is comparison of the marks, infringement is based off a determination of “likelihood of confusion.”

“Generally, the court will consider evidence addressing various factors to determine whether there is a likelihood of confusion among consumers. The key factors considered in most cases are the degree of similarity between the marks at issue and whether the parties' goods and/or services are sufficiently related that consumers are likely to assume (mistakenly) that they come from a common source.” https://www.uspto.gov/page/about-trademark-infringement

This answer includes generalizations and there are many caveats. Hiring a lawyer is many times a prudent action.

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