Eau Claire, WI asked in Copyright and Trademark

Q: Is using the name "FullsendWI" a trademark infringement? WI stands for wisconsin here.

The brand "FULL SEND" is trademarked.

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2 Lawyer Answers

A: A difference of a couple of letters between two trademarks will likely be insufficient to overcome the likelihood of confusion between the marks and such an application would likely be rejected on that basis.

A: Possibly.

In large part it depends on how "FullsendWI" is used and for what. If it's not being used in the source-identifying sense of a "trademark," there's less risk of an infringement accusation. But if it's being used as a trademark or service mark, a court will look to a number of factors such as the mark itself, its underlying goods/services, the channels of trade, etc. to determine whether consumers would be confused by the marks and whether there's infringement.

Here, the proposed mark uses "Full Send," which would probably be considered the "dominant" part of the mark, despite the addition of "WI" and removal of the space between the words. Another important factor is the class of goods/services under the mark. For example, if a registered mark is for towels, clothing, etc. and a proposed mark is for hunting and fishing gear, an argument could be made that consumers wouldn't be confused and there's no infringement because the goods/services are so different.

Nevertheless, it's better to avoid being sued in the first place rather than having to defend a lawsuit, even if the facts and the law seem to be favorable.

This is not legal advice. Consult with your trademark attorney before using a proposed mark to be sure that your specific facts and factors have been considered.

Best of luck.

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