If I opened a place called "smashed burger" and did a similar concept, would I be subject to a suit? Thanks

Question

Berkeley, CA asked on December 4, 2023 in Consumer Law, Copyright, Intellectual Property and Trademark for California

James L. Arrasmith · Answer

If you're considering opening a place called "Smashed Burger" and the concept is similar to an existing company known as "Smash Burger," there is a potential risk of a trademark infringement lawsuit. In trademark law, the key issue is often whether there's a likelihood of confusion among consumers. This includes confusion not only about the name but also the services and overall branding. 
 
Since the names "Smashed Burger" and "Smash Burger" are quite similar, and if the business concepts are also alike, this could lead to confusion in the market. If consumers might mistakenly believe that your "Smashed Burger" is associated with or endorsed by "Smash Burger," this could be grounds for a trademark infringement claim. 
 
It's important to conduct a comprehensive trademark search and consult with an attorney specializing in intellectual property and trademark law. They can assess the specific risks associated with your business name and concept in relation to existing trademarks. This step is crucial for navigating the legal complexities and avoiding potential legal disputes.  
 
Remember, while it's important to draw inspiration for your business, ensuring that your branding is distinct and does not infringe on existing trademarks is key to avoiding legal challenges.

Q: If I opened a place called "smashed burger" and did a similar concept, would I be subject to a suit? Thanks