Legal Question in Intellectual Property in Pennsylvania
Questionable Trademark infringment
I have a product name which is two words, and someone states that it
infringes their trademark. The first word of their trademark is the same
as mine, but the second word of both are different. (aaaa bbbb) versus
(aaaa cccc). Does this constitute trademark infringement if the products
are both in the same commercial field?
1 Answer from Attorneys
Re: Questionable Trademark infringment
It depends on a number of factors, including how different the second words are, and which word is the dominant part of the trademark.
There are no cut-and-dried rules, but rather a whole body of case law. You need to consult with a trademark attorney to analyze your specific situation. I am an intellectual property attorney and professor of trademark law. You can see my bio at http://www.schinner.com/html/the_schinner_law_group_-_d__al.html
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