Legal Question in Intellectual Property in Utah
We are setting up a website to make rabbit growers aware of a rabbit food that we are producing that is proprietary. We want to call it Vitality rabbit food, but there is a Horse feed made by a company that has been in existence for years called Nutrena 'Vitality' horse feed. Are these too close, that that company could file a suit down the road, or is Vitality a generic enough name, and are rabbit and horse feed far enough apart from each other to be a legal conflict?
Thanks,
Bob
Asked on 3/10/10, 8:06 am
1 Answer from Attorneys
Alvin Lundgren
Alvin R. Lundgren, L.C.
That is a close call and if the owner of the horse brand challenges you, a judge will make the call. It is a risk you will have to take. The more different you make the logo the safer you would be.
Answered on 3/15/10, 8:11 am
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