Legal Question in Intellectual Property in California

I want to open a retail store named Soccer Central, it seems that the name is trademarked. I was thinking of "localizing" the name to Marin Soccer Central, does this infringe on the trademark?


Asked on 6/10/10, 9:22 am

2 Answers from Attorneys

John Mitchell Interaction Law

If you use Marin Soccer Central, I'm pretty confident that the "Soccer Central" mark owner (http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=75472746) would have a pretty strong case, since both would be retail stores, and Soccer Central would have a pretty good argument for customer confusion as to whether Marin Soccer Central, a sporting goods retailer, is afilliated with Soccer Central, another sporting goods retailer. The likelihood is even greater if you are both located in California.

You may want to just come up with a more unique name first, but it wouldn't hurt to touch base with a lawyer to explore how to make your own trademarked name a "strong" mark.

Good luck.

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Answered on 6/10/10, 12:42 pm
Kevin B. Murphy Franchise Foundations, APC

A trademark attorney will say, just because you put Marin in front of a registered mark, Marin McDonalds, for example, that does nothing about infringing on the McDonalds mark. As a franchise attorney, I help guide companies in developing strong marks that are used for franchising. Consult with an attorney in your area for specifics.

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

Franchise Attorney

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Answered on 6/10/10, 12:53 pm


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