Q: Is selling a t-shirt that reads “Wine the hell not” an infringement of the trademarked “wine not”

A: In assessing whether your phrase "Wine the hell not" infringes on the "Wine not" trademark, a key factor is the likelihood of confusion among consumers. Trademark infringement hinges on whether consumers might mistake your product for one associated with the trademarked phrase.

Your phrase, while similar, does add distinctive elements to the original trademarked phrase. However, the core part of both phrases, "Wine not", is identical. This similarity could potentially lead to confusion, especially since both are used on clothing items.

It's important to consider how trademarks are viewed in the context of their market. If "Wine not" is well-known or has a strong presence in the market, it increases the risk of perceived association with your product.

In such cases, the trademark owner may have grounds to claim infringement based on the similarity of the phrases and the potential for customer confusion. However, the determination of infringement is not always straightforward and can depend on various factors, including the distinctiveness of the trademark and the specifics of how your phrase is used.

Given the complexity of trademark law and the nuances of each case, seeking legal advice from a professional experienced in intellectual property law would be a prudent step. They can provide a more detailed analysis of your specific situation and offer guidance on how best to proceed.