Legal Question in Intellectual Property in California

Most attorneys will tell you a mark only applies to the class of goods or services it is being used for. There are exceptions to this rule for very strong marks - McDonalds for example - which is so well known that likelihood of confusion (the ultimate test) would apply if the McD mark were used for something other than burgers. Consult with an attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

If you want to call your band Soul Spirit it is not going to infringe on the clothing company's trademark. As the prior answer mentioned, if the mark were famous, you might be in greater danger of an infringement action against you, but in the case of a clothing line relatively few people have heard of, it's likely that you will never get a call from their lawyer about it unless your songs comment (in a derogatory way) on the clothing line. If you are worried, check to see how prevalent the name is in the music industry (and other industries) -- a quick Google search shows a Soul Spirit Band (in the UK), Soul Spirit Music, Soul Spirit Records, and the Soul & Spirit Singers; likely, an exhaustive search would reveal more uses of the name, which lessens the likelihood of confusion, and dilutes the strength of the mark (giving you less to worry about). If you're disappointed that others have used the name before you, think of yourself as one of the lucky ones -- at last count, there were over 18 rock bands called Bliss. For further reading on how all the good band names are taken, go to http://www.whoisyourlawyer.com/mp