Legal Question in Intellectual Property in Florida

Trademark law is intended to prevent confusion of the consumer in the marketplace. By using part of a mark that is at least well known, it's arguable that you "ride the coattails" of the successful mark. Their lawyer, when (notice I do not say "if") they sue you for trademark infringement, will at least argue that 1. You dilute the mark by using the ECHO term which is an arbitrary word for clothing for your upstart women's clothing line; and 2. You confuse the consumer by using ECHO, implying that your clothing line is in some way connected to MARK ECHO. Your lawyer would likely argue that no dilution occurs because the two marks are, in fact, different and it's easy for Jane Q. Public to distinguish between the words MARK and GIRL, so no confusion can possibly exist. It's then up to the judge to weigh the case and determine whether you infringe or not. This would happen probably after you've spent a couple of hundred thousand dollars in legal fees and litigation expenses -- and remember, you are NOT guaranteed a positive outcome in litigation.

It's your decision.

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