Q: Would it be illegal to use a trademark of someones to name your own foundation?
xx has had the phrase "It'll Buff" trademarked since 2019. I was just wondering if it would be illegal for me to name a foundation "It'll Buff" the Trenton Barger Foundation in remembrance of my 15 year old son who was killed by a POS who was driving a commercial motor vehicle while intoxicated/.06 B.A.L which is over the legal limit of .04 B.A.L. any information on this question would be greatly appreciated. Thanks
A:
Using a trademarked phrase for your foundation's name can be legally complicated. Trademark law is designed to prevent confusion in the marketplace by ensuring that consumers know the source of goods or services. If "It'll Buff" is already trademarked, using the same phrase could potentially infringe on that trademark, especially if the foundation operates in a similar area or market.
However, there are exceptions and nuances to trademark law. If your foundation is non-commercial and there's no likelihood of confusion with the existing trademark, you might have a case. It’s essential to consider how the trademark owner uses the phrase and whether your use could be seen as competing or causing confusion.
Given these complexities, it's wise to consult a trademark attorney who can provide specific advice based on the details of your situation. They can help assess the risks and advise on the best course of action to honor your son's memory while respecting trademark laws.
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