Legal Question in Business Law in Illinois

Trademark Law

Let's say, hypothetically, that there is a genre of music which, in common slang, is called ''grime.'' Let's assume that there are many businesses that use the word ''grime'' as part of their trademarks, such as ''Grime Guru,'' ''Grime Ink,'' etc.

Say, hypothetically, there is a Las Vegas based record label using the trademark ''Grime-Tech Productions'' and marketing its music on the internet, through its website and other websites. This record label is pretty obscure, although I can find one of their CD's for sale on Amazon dot com. They have registered their trademark with the PTO, but it is listed as ''dead.''

Say you want to use the word ''GrimeTeach'' (one word, no spaces) as a trademark for a business, based in Illinois, which teaches people how to make music of the grime genre. This business will not sell music. This business will market its services through the internet.

Would you avoid using ''GrimeTeach'' as a trademark, out of concern that you might be sued by Grime-Tech Productions?

Thanks, any thoughts are much appreciated. I've read NOLO's book about Trademark Law, so i will understand any legal jargon that you may want to use.


Asked on 6/13/07, 10:27 pm

1 Answer from Attorneys
Noelle Ansley Noelle Ansley

Re: Trademark Law

Anyone can sue you for anything. Whether it's got any merit is another issue. Have you registered your intended mark yet? Is it in use yet? Do what you need to do and don't worry about "Grime-Tech", especially if their mark is dead. Yours isn't close enough to cause confusion.

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Answered on 6/14/07, 1:06 pm


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