Legal Question in Intellectual Property in Illinois

Re: Trademark Law

The issue here is whether your domain name is confusingly similar to the trademarked tagline. To determine if two marks or a domain name and a mark are confusingly similar to one another one must look to see if they look alike, sound alike or evoke a similar commercial impression. An attorney cannot make a judgment as to this without having an opportunity to see and compare the two marks at issue.

THE ABOVE ADVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IF YOU HAVE QUESTIONS REGARDING ANY MATERIAL PRESENTED HEREIN, I RECOMMEND THAT YOU CONSULT AN ATTORNEY. THIS INFORMATION IS BEING PROVIDED BY AN ATTORNEY IN ACTIVE PRACTICE IN THE STATE OF ILLINOIS AND CURRENTLY HOLDS AN ACTIVE LAW LICENSE IN THAT STATE ONLY.

Re: Trademark Law

In IL the answer is probably yes, but it depends on the specifics. As a general rule the first word is the most important in a tagline trademark, the second somewhat less important, etc. Also, generally use as JUST as business name is not use as a trademark, but if you are applying it to products or services (and I am betting you are)that is probably going to be trademark or service mark usage. Here is the real issue. What will the owner of the trademarked tagline think? If they think you are diverting business or confusing people, they may well object and cost you time and money even if you win. The fact that you are asking this question tells me there is probably a problem with your situation and the specific marks involved. You need to see an Illinois trademark attorney (I happen to be one) as Illinois has a state trademark system that can help you in this situation if used properly. Call and we can talk for 1/2 hour free and probably solve your specific situation with some inexpensive steps.

Re: Trademark Law

This would depend on a number of circumstances. However, without additional information, I cannot comment further.

Re: Trademark Law

Trademark rights revolve around what is called "likelihood of confusion"...which basically means that the you can�t use a trademark if the public would be confused between your mark and an existing mark. It is subjective. I can�t answer this question without out knowing a few things such as: 1) what are the goods and/or services being sold (for example, there may be no confusion between a clothes seller and a seller of motor oil, but there may be between a life insurance company and a financial planning company) In addition, there is no way an attorney can begin to answer this question without knowing what the 4 words are and your proposed 2 words. I advise you to speak to a trademark attorney before spending money on advertising and possibly receiving a cease and desist letter. Hope all is well, Justin

Re: Trademark Law

In order to properly counsel you, I would require additional information. Generally speaking, however, you should know that trademark registration does not allow the registered owner to prohibit another company from using their mark in all contexts. If your two companies serve very distinct markets (e.g. you sell computers and the registered owner sells cars) you may be able to use a portion of the trademarked slogan without fear of an infringement law suit. Indeed, you may even be able to trademark your two word slogan for your own business. Likewise, if your two businesses serve the same market, it may be possible for the registered owner to preemptively shut down your website. Please feel free to contact our firm should you desire a more thorough discussion of this matter.

Re: Trademark Law

I'd just add one thing to the above answers. A tag line is not necessarily a trademark. A trademark identifies the source of goods or services. An advertising slogan that is merely used as such may not even be considered a trademark. Not everything that a business uses to market or advertise its products rises to the level of a trademark.

As the others have noted, however, no one can give you advice without reviewing all of the facts around both the existing tag line and your proposed use.