Forums: Discussions for entrepreneurs and small business.

I wonder if this is a related problem:

Suppose I call my company "French Bread." It happens my last name is French, and it`s a generic word for a type of bread. But if I make a loaf of farmer`s bread, put the company label on it, am I intending to mess with people`s actions? Yes, I think so.

Or suppose I call my company (an actual company) "Lumber Liquidators," but I don`t buy up close-out lumber. Let`s say I just like the sound of the word. I`m implying (and intending) to attract customers on the basis of what they would assume to be very low prices. Yet the name just "happens to include" the word liquidators.

Does this come under the intent v. effect discussion?

The "just happens to include" and "it kinda sounded cool" arguments frequently lose.  If consumers are being confused or are quite likely to be confused or deceived, you have a problem.  The commercial effect trumps what somebody intended.

Think what buying products would be like otherwise.  "Yeah, I know the market place is utterly confused into thinking I`m selling ROLEX watches but I`m really selling ROLUX watches.  Even though consumers think the watches are coming from the same source, I still get to keep on selling my ROLUX watches because, after all, I did not INTEND to deceive anybody."  Intent loses.  Effect wins.

If you start selling an MP3 player and call the MP3 player an "i-pud," APPLE will be all over you for trying to capitalize on their i-pod brand.  What did you INTEND with the name i-pud?  Who cares what you sincerely intended!  Certainly not the courts.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com