Legal Question in Intellectual Property in California

Trademark using everyday terms/words?

A magazine called ''Homes&Land'' is circulated nationally, including within CA as well as online. The ''Homes&Land'' logo bears the circled ''R'' next to the text/logo. My company (real estate firm)doing business in CA, is called ''JaneDoe Homes & Land''. Is my company infringing on the trademark/name of ''Homes&Land'' magazine or Homesandland.com? Homes & Land Publishing Corp. owns the trademark and the Goods and Services description registered w/ the trademark office is as follows-DISSEMINATION OF ADVERTISING FOR REAL ESTATE AGENCIES, REAL ESTATE AGENCY SERVICES, APARTMENT RENTAL SERVICES, RELOCATION SERVICES, MOVING SERVICES AND OTHER BUSINESS SERVICES VIA--name removed--SERIES OF REAL ESTATE MAGAZINES, DIRECT MAIL, TELEMARKETING AND--name removed--GLOBAL COMMUNICATION NETWORK, PROVIDING INFORMATIONAL ON LOCAL BUSINESSES AND VENDORS VIA THE INTERNET, PERSONAL AND BUSINESS RELOCATION SERVICES. FIRST USE: 20010315. FIRST USE IN COMMERCE: 20010315. Can I legally call my company ''JaneDoe Homes & Land''?


Asked on 4/25/06, 9:52 pm

1 Answer from Attorneys
Michael Cohen, Esq. Law Office of Michael N. Cohen, P.C.

Re: Trademark using everyday terms/words?

You would most likely infringe. The addition of "JaneDoe" to "Homes & Land" would not be enough to distinguish the name especially if you have the same goods and services.

However, your common law rights should be evaluated which may allow you to continue using the name in a particular geographical region if you are deemed to be the senior user of the mark. You will need an experienced trademark attorney to make that determination.

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Answered on 4/26/06, 12:10 pm


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