Plano, TX asked in Trademark for Texas

Q: The word Kool-Aid is trademarked but if I were to use the username koolaid without any caps or dashes

If i were to use koolaid for a website like twitch (without caps or dashes) and I started broadcasting with the name like "koolaid person" would I be subjected to copy right and could I get sued for that because I don't want to get into any troubles!

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1 Lawyer Answer
Allison Higgins
Allison Higgins
  • Trademarks Lawyer
  • Helotes, TX
  • Licensed in Texas

A: Here's some quick information for you. First, you wouldn't be dealing with copyright. This would be a trademark issue. Second, capitalization, spaces, dashes, etc. do not make a difference. The USPTO uses phoenetics to determine if a mark is similar or not. So they would sound identical.

Whether you would get in trouble would depend on how you are using the name. Are you making any money on Twitch? Are you using the name other places? (fan merch, etc.) Those would decide whether you could get. in trouble. I suggest reading their trademark policiy as well.

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