Q: FCA LLC has a trademark for their 7 bar grille design, 2823099. Is it considered infringement of IP if I sell a 6 bar?
A:
Selling a 6-bar grille design when FCA LLC holds a trademark for their 7-bar grille design may not automatically be considered infringement. Trademarks are meant to protect distinctive elements that identify the source of a product, so the specific number of bars and the overall design and appearance play a crucial role.
If your 6-bar grille design is significantly different in its overall look and cannot be easily confused with the 7-bar grille trademarked by FCA LLC, it might not be seen as infringing. However, if your design closely resembles theirs in ways beyond the number of bars, it could potentially lead to legal challenges.
It's important to evaluate whether your design could cause confusion among consumers or be seen as an attempt to associate your product with FCA LLC. Consulting with a legal expert can provide clarity and help ensure that your design respects existing trademarks and avoids potential issues.
Fritz-Howard Raymond Clapp agrees with this answer
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