Legal Question in Intellectual Property in California

There is extensive case law and USPTO proceeding opinions on determining confusingly similar marks. Similarity of industries is one of many factors. One way to get an idea of what may be considered similar industries (but not conclusive) is to see if the two uses fall under the same trademark international class. It may be worth hiring an attorney to determine your liability before continuing to use your mark.

You can find the classifications through a Web search for "International Trademark Classification" under which classes 1 to 34 are goods and 35 to 45 cover services. Since computer services and advertising are in separate categories of services, there is a possibility the two businesses are classified differently, but you'd need to look up the actual registrations at www.uspto.gov to check the categories claimed for each mark. Geographical coverage, style of a logo (if used), and in general, the possibility or likelihood of marketplace confusion are important factors and there is no 100% accurate litmus test to determine infringement. It may boild down to what the jury says.