Legal Question in Intellectual Property in Massachusetts

trademark issues

My client would like to use a famous colorful puzzle Cube (you know the one) ''themed'' logo for his business which is in the service industry. I'm worried about trademark infringement.

any thoughts would be appreciated.


Asked on 7/09/08, 2:09 pm

1 Answer from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: trademark issues

Generally, the scope of trademark rights is confined to those actually used and a penumbra of uses logically connected to the actual use. For example, if a company had trademark rights in a boat used primarily in bass fishing, a reasonable consumer might believe that a bass-fishing tournament using the same name would be associated with the boat maker; same might be said about a line of fishing rods, or books on bass fishing.

If the trademark is registered, then one should look at the classes and description(s) of goods identified in the registration. However, the "logical extension" analysis still would apply.

If you want specific advice about the mark in question, please contact us directly. Best wishes,

LDWG

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Answered on 7/09/08, 3:25 pm


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