Legal Question in Business Law in Oregon

I am starting a business called Small Cup Company. We are selling mini plastic shot glasses that look like red solo cups. I want to name these cups Baby Reds, because they are small and reds is what people call red solo cups. There is another company called Lil Reds that sells the exact same product. I do not want to infringe on their name and have them take legal action against me, but I do want to use the name, I just want to know from a legal standpoint if I can use the name. I also did a quick USPTO search and found that their trademark is dead http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:2jluzj.2.1

but still want to just make sure before branding all of my products.


Asked on 8/29/14, 10:49 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Your plan is fine. "Reds" is too generic to be trademarked, unless the other company can show that, whenever someone says "Reds," that person is thinking of the Lil Reds product.

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Answered on 8/29/14, 11:31 pm


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