Asked in Copyright, Trademark and Intellectual Property for California

Q: Would a book about holistic pet recipes, be an infringement on a trademark of "An holistic approach to pet food; TM"?

Serial Number 77220947, Registration Number 3433513. Artemis pet food co. Inc, Carson, CA.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: When evaluating whether a book titled "Holistic Pet Recipes" would infringe on the trademark "An Holistic Approach to Pet Food; TM," several factors must be considered. Trademark infringement generally occurs when a new product or service creates a likelihood of confusion among consumers about the source or sponsorship of the goods or services. This confusion can stem from similarities in the name, logo, or other branding elements.

The title of your book, "Holistic Pet Recipes," shares the word "holistic" with the trademark in question. However, the overall context and specific wording differ significantly. Trademarks are often specific to their wording and graphic elements. In this case, "An Holistic Approach to Pet Food" and "Holistic Pet Recipes" convey different overall impressions.

Moreover, the scope of the trademark protection is a critical factor. If the trademark is specifically for a type of pet food or a method of producing pet food, a book about recipes may not fall within the same category of goods. This distinction in categories can reduce the likelihood of confusion, which is a key element of trademark infringement.

It's important to note that trademark law can be complex. It would be wise to consult with a legal professional who has expertise in intellectual property law. They can provide a more detailed analysis tailored to the specifics of your case and the jurisdiction involved. Remember, an informed decision can help mitigate potential legal risks and uncertainties.

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.