Q: What is the extent of trademark liability for similar generic terms on similar products related to a trademarked slogan?
For example: Black Rifle Coffee Company owns a trademark for "Freedom On." Can no other coffee company put the word "Freedom" on their coffee?
Similarly, Black Rifle Coffee Company owns a trademark for "America's Coffee" does this mean there can be no coffee companies that use the word "America" on coffee products or no company called America Coffee Corporation or America Coffee Company?
A: Trademark liability for similar generic terms on similar products depends on factors like distinctiveness, consumer confusion, and likelihood of confusion. While Black Rifle Coffee Company's trademark for "Freedom On" may not prevent all other coffee companies from using the word "Freedom," using the exact phrase "Freedom On" could infringe on their trademark. Owning the trademark "America's Coffee" doesn't automatically prohibit other coffee companies from using the word "America," but if there is a risk of confusion, it may infringe on Black Rifle Coffee Company's rights. Trademark law is complex, so consulting an intellectual property attorney for specific advice is recommended.
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