Legal Question in Intellectual Property in New York

Re: trademark infringement

NY, but the issue will matter depending on the purpose and source of the product.

In this case it appears from your description that there will be no infringement unless you attempt to use the name and the logo to refer to your product.

In trademark issues, the purpose is to identify the source and maker of a product or service. In this case, unless you deliberately draw the visual aspects of the movie into the seminar then the use of a variation of the name should not be cause for concern.

Remember, a company may trademark a name, logo, icon, etc for a specific industry and purpose, which would leave the rest of the field empty.

If you would like to discuss this further, we can establish a consultation. Please contact my office via email to set this up.

Re: trademark infringement

A finding of trademark infringement is based on a study of the "likelihood of confusion" of the consumer. If there is a likelihood that a consumer (who is remarkably stupid in the eyes of the courts) would confuse the source of the movie with the source of your seminar, then it is very possible that you would be found to infringe their mark (if they have a "mark" in the movie title). If not, then no. This "likelihood of confusion" analysis is done based on a set of factors set out in a case called Polaroid v. Polarad Elects. Corp. that was decided by the US Court of Appeals for the Second Circuit in the 1960s. Google the name if you want to look up the case. The so-called Polaroid factors are wildly popular with the courts; every circuit in the US has adopted some variation of them (and the variations are very small), so even if you're in the First Circuit (parts of New England), the Polaroid factors would still be a good place for you to start.

Unfortunately, your question as to whether your seminar title would infringe the movie title does not have a black-letter answer with the information you've provided. Your best bet is to have a trademark infringement opinion done by an attorney who practices trademark law (as I do; you're welcome to contact me offline to discuss a trademark infringement opinion).

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