Norristown, PA asked in Trademark for Pennsylvania

Q: Would using "PacMan" as an Artist/Musician name, infringe upon the PAC-MAN trademark? No logos and no hyphen

PAC are the initials of the artist that wants the stage name PacMan. Again no logos would be used from the game, as well as it being in the music industry, I wasn't sure if it would infringe without the hyphen, as well as the use of it for "entertainment"

Related Topics:
2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: Yes. Too close.

Avoid it.

Timothy John Billick
Timothy John Billick
Answered
  • Trademarks Lawyer
  • Seattle, WA

A: Again, my colleague is not completely correct.

Trademark infringement depends on a lot of factors including:

(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.

You have a slight risk of infringement, but given the "PAC" is an acronym of your name, you have a very strong and defensible position against a potential claim against you.

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.