New York, NY asked in Trademark for New York

Q: Are camera gear brands and clothing brands considered distinct enough industries in copyright law?

I am hoping to start a new clothing brand and would like to use the name "The Long Weekend" but in my research I came across a brand that sells camera bags and gear called "Long Weekend" who's logo has a registered trademark symbol. I have been trying to find a record of their trademark in a public database and I cannot. In addition, I am wondering if these industries are even close enough for this to be considered trademark infringement? I would like to apply for my own trademark but do not want to waste time if the application is likely to be rejected. Any advise is appreciated!

Related Topics:
1 Lawyer Answer

A: A trademark registration for camera bags or equipment would be in Class 009, and apparel is in Class 025, so that is not a problem for you.

There are, however, two existing registrations for LIFE IS ONE LONG WEEKEND in Class 025, which may be considered as likely to be confused with THE LONG WEEKEND:

Regs 2079256 and 2100425, issued in 1997, now owned by Tommy Bahama Group.

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.