Legal Question in Intellectual Property in Connecticut
Trademark Word Spacing
Is there a legal difference between
two words merged into one word and
the original two words? For example
(not my case), if someone else uses
the phrase ''Face Book,'' is that
legally different than ''Facebook'' for
the purpose of a trademark?
2 Answers from Attorneys
Re: Trademark Word Spacing
Not if the use is the same. You can have Acme hamburgers and Acme rocket launches, but you could not have
ac me rocket launchers and acme rocket launchers.
Re: Trademark Word Spacing
The "core element of trademark infringement," is wheteher when cmpariring the two marks there is the likelihood of confusion, not whetehter the marks are identical.The United States Court of Appeals for the Ninth Circuit employs an eight-factor test to determine the likelihood of confusion. The eight factors are: (1) strength of the mark; (2) proximity of the goods; (3) similarity of the marks; (4) evidence of actual confusion; (5) marketing channels used; (6) type of goods and the degree of care likely to be exercised by the purchaser; (7) defendant's intent in selecting the mark; and (8) likelihood of expansion of the product lines.