Q: Can I call a site FaultFire when MOBAFIRE exists?
There is a website called MOBAFIRE that is a community guide website for League of Legends. I want to want a similar site for a game called FAULT. Is using the name FAULTFIRE okay?
A:
You need to avoid all potential areas of "likelihood of confusion" in trademark law. This is a highly fact-intensive inquiry based on a number of factors. Different federal jurisdictions have slightly different tests for likelihood of confusion. For example, the Ninth Circuit Court of Appeals uses the "Sleekcraft Factors":
(1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7) defendant’s intent in selecting the mark, and (8) likelihood of expansion of the product lines ...
Here, you are only changing "MOBA" to "FAULT" and using the mark on similar goods and services. If you can demonstrate that the "FIRE" suffix should not be afford as much protection, you have a decent argument that the two marks are not confusingly similar. Before a more fulsome analysis can be done, you should give additional details to a trademark attorney. Hope this gets you started in the right direction!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
