Salem, VA asked in Intellectual Property for Virginia

Q: Can I register my chocolate Labrador Retriever's AKC name as Chewbacca? Star Wars trademark covers non-dog categories.

From Lucas trademark filing: Goods and Services: Christmas tree ornaments and Christmas tree decorations, plush toys, stuffed toys, toy action figures, toy guns

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1 Lawyer Answer

A: Trademark Infringement is a highly fact-intensive inquiry based on a number 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 also need to be aware of copyright infringement allegations because characters like Chewbacca are copyright-protected.

I believe you have strong arguments of non-infringement. However you should know that Disney has a reputation for policing its brands and copyrights VERY aggressively, so your risk of receiving unwanted attention here is quite high. You should discuss your situation in more detail with an experienced intellectual property attorney like myself or anyone else on Justia.

James D. Williams agrees with this answer

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