Legal Question in Intellectual Property in California

trademark infringment?

Hi. I have an idea for a novelty product, but am wondering if it would be considered trademark infringement, because the gimmick would involve a play on words alluding to a popular, existing product. For example: If I were to market a line of hats, and wanted to call it ''Hooked-on-Bonnets'', that would be an obvious reference to ''Hooked-on-Phonics'' (the educational tool). Assuming my real idea is successful, could I expect to be sued for any profits I might make, even though it's an entirely different field? I noticed that film director Spike Lee is suing a new television network for calling themselves ''Spike'' .While his seems like a ridiculous and egocentric claim, My product name is an admittedly obvious play on a well-known product. By the way, I live in CA, but the existing product is internationally known, if not long established.


Asked on 6/13/03, 10:10 am

2 Answers from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: trademark infringment?

The outcome of the hypothetical you propose would be fact-specific, and without real facts it would be impossible to advise you on the extent of your exposure. You should consult with a competent trademark attorney before proceeding--spending a few dollars now will save you much time and trouble in the long run.

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Answered on 6/22/03, 3:22 pm
Jeff Lambert Attorney at Law

Re: trademark infringment?

While no one can ever predict the intentions of another party regarding their likelihood of brining a lawsuit, the facts you present suggest you have some exposure. In particular, if your "play on words" relates to a famous mark, you are likely to be exposed to, among other things, a suit involving a trademark dilution claim. Your reference to the Spike Lee-Spike TV case, basically answers your question for you. The best thing you can do is seek an initial consultation with a qualified intellectual property attorney prior to launching your product.

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Answered on 6/13/03, 1:12 pm


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