Legal Question in Intellectual Property in California
Registered Trademark using common terms/words?
A real estate magazine by the name of ''Homes&Land'' is circulated nationally, including within California. The ''Homes&Land'' name bears the circled ''R'' next to the text. If I had a company (real estate firm)doing business in California, called ''JaneDoe Homes & Land'' and had created a completly different text that was in no way similar to the fonts used on the ''Homes&Land'' magazine, would my company ''JaneDoe Homes & Land'' be infringing on the trademark of ''Homes&Land'' magazine?
''Homes'' and ''Land'' are common terms/words....what constitues infringement?
Could I legaly call my company ''JaneDoe Homes&Land'' with out any repercussions?
Thank you very much!
1 Answer from Attorneys
Re: Registered Trademark using common terms/words?
Answering your question would take some research. If the Home & Land trademark was only registered in the category for magazines then it could be available for real estate services or whatever you may need.
To be clear, I would need more information.
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