Trademark Help Please

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VEPS

posts: 4

Dec 10, 2008 4:44 AM ET Quote Report Abuse

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For arguments sake, lets say there is an active trademark for the words "Lame Duck". They sell pictures of lame duck presidents.

And I am planning to call my LLC "Lame Duck Enterprises LLC". And I would like to create a brand and logo. The logo will be of a duck with a broken leg and perhaps somewhere in the logo the words "Lame Duck". My business would be an online service on how to take care of injured ducks.

Is there trademark infringement on my part? Could I use "Lame Duck" since both businesses have nothing in common whatsoever? or do I have to change it up for my logo and maybe add a word or phrase, "Lame Duck Doctors", "Lame Duck Services" etc...

Is the LLC name infringing on the active trademark?

Any input would be appreciated.

Greg

patentandtrademark

posts: 1332

Dec 10, 2008 11:52 AM ET Quote Report Abuse

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maybe yes, maybe no. the marks are fairly similar but the goods are not very similar.

-------------------------

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

Innovator7

posts: 302

Dec 12, 2008 6:27 AM ET Quote Report Abuse

Points: 0 Vote

Why not be more creative and come up with a better trademark?

My company name is 1-Solar. A CEO-wannabe proposed to change it to Ten Rivers, so he could name our products with names of rivers. I hate that name, and didn`t get him as CEO.

On the other hand many people like my company`s name. Many things we do have to do with "1".

Good trademarks have no direct link to the product or service, such as Java for software.

-------------------------

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patentandtrademark

posts: 1332

Dec 12, 2008 9:35 AM ET Quote Report Abuse

Points: 0 Vote

It is true that some of the "best" trademarks are not overly descriptive of the goods/services. One counter-example is American Airlines.

-------------------------

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

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