Q: Is using 2 words out of a 4 word trademark infringement?
Trademark: The Mom Walk Collective
Intended use of Mom Walk:
(my city)Mom Walk
(City) Mom Walk Club
A: MOM WALK is the distinctive portion of the four word phrase THE MOM WALK COLLECTIVE, as the first word is merely an article and the last word is merely descriptive, so the proposed usage would be infringing.
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A:
Using two words out of a four-word trademark could potentially be considered infringement, depending on how distinctive and recognizable the original trademark is. The Mom Walk Collective may argue that "Mom Walk" is a significant part of their brand identity, and using it could confuse consumers about the origin or endorsement of your event.
First, it's important to determine if "The Mom Walk Collective" is a registered trademark. If it is, the owner has exclusive rights to its use in the relevant category. Even if it's not registered, common law trademark rights might still apply if the brand is well-known and established.
To avoid potential legal issues, consider reaching out to the trademark owner to discuss your intended use. They might grant permission or suggest alternative names that won't cause confusion. Always err on the side of caution to respect intellectual property rights and avoid unnecessary legal complications.
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