Madison, WI asked in Trademark for Wisconsin

Q: Using a rif of a phrase that is trademarked?

"A tradition unlike any other" is trademarked. My company wants to release a seasoning that would say "A seasoning unlike any other". Would this break copyright law

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Fritz-Howard Raymond Clapp
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  • Trademarks Lawyer
  • Beverly Hills, CA

A: Augusta National's registration is for use of the mark "A tradition unlike any other" on wall plaques (in International Class 020) and clothing (in International Class 025).

Your proposed use of the mark "A seasoning unlike any other" for seasoning (in International Class 030) is not infringing and should be registrable because the dissimilarity of the goods makes it unlikely that there will be confusion from use of the same phrase; it is also significant that your proposed use actually identifies the goods to be seasoning and not wall plaques or clothing.

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