Asked in Business Law, Intellectual Property and Trademark

Q: Am I able to use the name of this place without permission from the owner?

The name of the place is “Vantage Sports Co.” and I want to create a clothing brand named Vantage Sports.

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

A: This is a trademark question, not copyright.

VANTAGE SPORTS is a registered trademark for an online service to analyze sports statistics, VANTAGE SPORTS INC is a company whose business includes the wholesale distribution of sporting goods, and VANTAGE APPAREL is a company specializing in customizable garments for promotional branding. Given these prior uses, you would risk claims for infringement by using this mark as a clothing brand.

A: You are not allowed to use someone else's trademark without their permission. Even if your trademark is slightly different, if it would be confusingly similar to consumers, you'd likely be subject to liability for trademark infringement.

James L. Arrasmith
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Answered

A: It is possible that using the name "Vantage Sports" for your clothing brand could potentially infringe on the trademark rights of the owner of "Vantage Sports Co." if they have a registered trademark for that name in the same or related category of goods or services. It is recommended that you conduct a thorough trademark search to ensure that the name is available for use and consult with a trademark attorney to determine the potential risks and options for securing your own trademark.

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