Legal Question in Intellectual Property in New York

Good afternoon.

I have developed computer program. And we want to name it similar ar model of the car. Have I the right to use such trade mark?

Thank you.

Sincerely,

Elen


Asked on 4/14/10, 5:26 am

1 Answer from Attorneys

Kaiser Wahab Wahab & Medenica LLC

Unfortunately, that is not a question that is very suited for a forum such as this, since trademark infringement analysis really has to factor in a great variety of variables, which are not known here. So in answer to your question, it is possible that you may use the mark as planned, or it is possible that such use would constitute an infringement of the car company's trademark rights.

That is a function of the nature of the use you wish you make, the proximity of your program to the actual product of the car (for example, is a software product designed to enhance or compliment the car?), etc. An example of possible infringement would include a software program designed to enhance the functionality of the car's experience that could have originated from the manufacturer itself and the general consumer is confused as to the origin of the software.

So it might be best to consult with an attorney to guide you through the factors after reviewing your specific proposal.

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Answered on 4/19/10, 6:55 am


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