Indianapolis, IN asked in Business Formation, Business Law, Trademark and Intellectual Property for Indiana

Q: Can someone make their YouTube series the same name as my company/domain name?

I own my company, website, and domain name “ask a backpacker” someone on you tube have a series with the same name. Isn’t that illegal?

2 Lawyer Answers
T. Augustus Claus
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Answered

A: Trademark infringement can occur when someone uses a name or brand that is similar to an existing trademark, causing confusion or diluting the original mark's distinctiveness. Whether the use of a similar name on YouTube infringes upon your trademark depends on factors like your business and trademark rights.

James L. Arrasmith
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A: If you own the company, website, and domain name "Ask a Backpacker," you may have common law trademark rights to the name. If someone on YouTube is using the same name for a series in a way that causes confusion or may dilute your brand, it could potentially be considered trademark infringement. It is advisable to consult with a trademark attorney to assess your specific situation and determine the best course of action to protect your trademark rights.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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