Help with Trademarks, Confusing Similarity...

rossbrossb subscriber Posts: 5
edited April 2007 in Protecting Your Ideas
If I understand registered trademarks correctly, the confusingly similar test only holds up if you are within the same industry.  Can anyone confirm this for me?We`ve come up with a tagline that turns out is indeed similar to another companies registered trademark, however, they are in a completely different industry.  Does the trademark hold up?Thanks!R-
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Comments

  • pepperlegalpepperlegal subscriber Posts: 2 Member
    Generally this test applies for marks within the same product or service class, however there are exceptions.  Trademark dilution can occur even amongst different classes if a trademark has achieved "famous" status.   I recommend you work with a trademark attorney to advise you on the specifics of your situation.
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  • GrillCharmerGrillCharmer subscriber Posts: 7
    If the industries are completely different then it should not be a problem.  (nobody looking at Delta Faucets in The Home Depot thinks they are supporting their friendly neighborhood airline)
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  • pepperlegalpepperlegal subscriber Posts: 2 Member
    Leslie,This is not always the case, especially in the case of trademark dilution.  Trademark dilution is a federal law forbidding the use of a famous trademark in a way that
    would lessen its uniqueness. In most cases, trademark dilution involves
    an unauthorized use of another`s trademark on products that do not
    compete with, and have little connection with, those of the trademark
    owner. For example, a famous trademark used by one company to refer to cameras, might be diluted if another company began using a similar mark to refer to pencils.
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  • GrillCharmerGrillCharmer subscriber Posts: 7
    True true, I just didn`t want Ross to be discouraged by the use of a similar tag line registered by a company in a completely different industry.  CERTAINLY look to your Trademark attny. for answers, but don`t abandon ship until you know for sure, as it is a very real possibility you will be fine. (as long as your tag line isn`t "Technical Illustration... you can do it, we can help!"  Sorry for the confusion   PepperLegal would know
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  • rossbrossb subscriber Posts: 5
    Thanks to both of you!  I`m definitely not discouraged, the short answer is really "better safe than sorry!"We`re not really so interested in this particular tag that we`re going to spend money to research it.  It was just something we came with on a whim for an ad placement.  Think I`ll just keep the general idea and see if it can`t be written differently!Thanks again!R-
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  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    you can be in different industries and still infringe.
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