Plymouth, MA asked in Copyright for Massachusetts

Q: I want to open a sub shop that has the name Gremlin Grub Stop. Gremlins* seems to be trademarked by warner bros. issues?

would i need permissions

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1 Lawyer Answer
John Brian Hudak
John Brian Hudak
Answered
  • Intellectual Property Lawyer
  • Milford, CT

A: One can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer, that both marks are indicating a common source of the goods/services.

In addition to trademark infringement, there is trademark dilution. Under the Trademark Dilution Act 15 U.S.C. 1125(c), if a mark is used which impairs the distinctiveness of a famous mark or harms the reputation of a famous mark, the owner of the famous mark can obtain an injunction to stop the other user from using the mark. This injunction can occur “regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury.” 15 U.S.C. 1125(c)

Consider consulting with a trademark attorney to coach you on picking a name – and other aspects of your intellectual property.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring a lawyer to review the specific facts to your individual situation.

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