Evansville, IN asked in Trademark and Intellectual Property for Indiana

Q: Is naming something the Hoosier Thunder Series a Trademark violation since Hoosier is Trademarked. Hoosier means Indiana

We are wanting to start a sprint car series and want it to be the Hoosier Thunder Sprint car series with Hoosier implying Indiana. Is this allowed?

2 Lawyer Answers
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: The use of "Hoosier" in a title might lead to potential trademark issues if there's an existing trademark associated with that term, especially within a similar industry or context. "Hoosier" is trademarked, and while it is a term synonymous with Indiana, the use of a trademarked term in a brand name or title can lead to trademark infringement concerns. To avoid potential legal conflicts, it's recommended to conduct a thorough trademark search to determine if the intended name for the sprint car series could infringe on existing trademarks. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: While "Hoosier" is commonly associated with Indiana residents, its use in a trademark context will depend on the specific goods or services associated with the mark. If another entity has a trademark on "Hoosier" for similar goods or services, there could be a likelihood of confusion, which may constitute infringement. However, if your intended use is distinct and does not overlap with existing trademarks, it could be permissible. It's essential to conduct a thorough trademark search to ensure that no conflicting marks exist in your field.

Additionally, the context in which you use "Hoosier" matters; if it's clearly in reference to Indiana and not attempting to trade on the goodwill of another trademark, it may be more defensible. Nonetheless, consulting with a trademark attorney and conducting a comprehensive search is crucial before moving forward.

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.