Q: Could a Company sue me for trademark infringement because our brand names both share the same First name of a Person?
I want to start a t-shirt brand called a first name followed by an animal species. For example Cathy Cat. There is already a t shirt brand that has my chosen first name as part of it. For example Cathy Clothing Company. In this example, Could CathyCat be accused of trademark infringment by Cathy Clothing Company assuming that both sell t shirts?
Thank you very much
A:
You could potentially face a lawsuit for trademark infringement if your t-shirt brand name is similar to an existing brand name. Trademark law protects brands from consumer confusion, so if your chosen name "Cathy Cat" is too similar to "Cathy Clothing Company," it might cause customers to mistakenly believe the two brands are related.
It's important to consider how distinct your brand name is from the existing one. While sharing a first name alone may not automatically lead to infringement, the overall similarity and the fact that both brands sell t-shirts increase the likelihood of confusion. This is especially true if the existing brand is well-established and has built a strong association with that name in the marketplace.
Before moving forward, you might want to conduct a thorough trademark search or consult with a legal professional to evaluate the risks. This can help ensure that your new brand name won’t lead to costly legal disputes and will allow you to build your business with greater peace of mind.
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