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"

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2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta

A: Yes. Too close.

Avoid it.

Timothy John Billick
Timothy John Billick
  • 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.

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