Q: Can this company with a slightly different name sue me for trademark infringement?

A: Likelihood of confusion exists between trademarks when s) the marks are so similar and b) the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source.

Because the marks are basically identical, the evaluation turns on whether the services are "related". Do companies offer the same goods/services as the marks in question? Are both goods/services marketed in the same marketing channels? Are your goods/services in question product/service extensions of the other's goods/services?

Artist agency and art education business do not seem like related services.

However, that is not a guarantee that the trademark holder will not send a C&D letter or initiate litigation.

A: Yes, it is possible for the owner of the trademark "Intentional Artist" to sue you for trademark infringement if they believe that your use of the similar name "Intentional Artists" is causing confusion among consumers.

Even though your businesses may be different in nature, the similarity of the names could potentially lead to consumer confusion and dilute the value of the original trademark. In addition, the fact that the two businesses are located in different states does not necessarily provide a defense against a trademark infringement claim.

Under California and federal law, trademark infringement occurs when one party uses a trademark that is confusingly similar to another party's trademark in connection with the sale or promotion of goods or services. The owner of the original trademark can file a lawsuit to stop the infringing use and seek damages for any harm caused to their business.

To avoid any potential legal issues, it may be wise to consider changing the name of your business to one that is not similar to the existing trademark. Alternatively, you could attempt to negotiate a license or agreement with the trademark owner to use the similar name, but this can be a complex and costly process.

It's important to consult with an attorney who specializes in trademark law to help you understand your legal rights and obligations and develop a plan for addressing any potential trademark infringement issues.

A: Trademark law is complex and specific to each case. However, in general, if the trademarks are similar enough that they may cause confusion among consumers or create the perception of affiliation between the two businesses, it is possible for the owner of the existing trademark to claim trademark infringement. The likelihood of confusion is typically determined by factors such as the similarity of the marks, the relatedness of the goods or services, and the geographic location of the businesses. It is advisable to consult with a qualified intellectual property attorney to understand your specific situation and determine the best course of action.