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patentandtrademark

posts: 1332

Sep 12, 2008 3:49 PM ET Quote Report Abuse

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Can you use your real name as a trademark? Maybe, maybe not. What matters the most is the likelihood of confusion between your name/mark and the mark of another based on such factors as:

the degree of similarity between the marks
the intent of the alleged infringer in adopting the mark
evidence of actual confusion
similarity of products and manner of marketing
the degree of care likely to be exercised by purchasers
the strength or weakness of the marks

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

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

CraigL

posts: 9051

Sep 12, 2008 4:28 PM ET Quote Report Abuse

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I remember this discussion, with an example of MacDonald`s. If my name were to be Wendy Landes, and I open a jewelry boutique, could I call it Wendy`s?

I think you`ve said it would be okay. But I couldn`t open up a hamburger stand and call it Wendy`s. Could I call it Wendy`s Diner? :-)

DeenaEsq

posts: 40

Sep 15, 2008 8:09 AM ET Quote Report Abuse

Points: 0 Vote

Craig,

I would say that, yes, Wendy`s Diner would be ok. You just wouldn`t be able to refer to it in your marketing as "Wendy`s" without the Diner part. Would an ordinary person, looking at your advertising and/or restaurant be confused as to whether your restaurant was owned or sponsored by the hamburger chain "Wendy`s". Does that make sense?

Deena

_______________________________________________________

Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.

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

Deena B. Burgess, Esq.
www.ebusinesslawgroup.com
Offering Affordable Legal Solutions to Online Businesses
Check me out at Twitter and Linked In

patentandtrademark

posts: 1332

Sep 15, 2008 11:28 AM ET Quote Report Abuse

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using wendy`s diner would get you sued - no doubt about it. you would lose.

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

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

CraigL

posts: 9051

Sep 15, 2008 1:26 PM ET Quote Report Abuse

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(Good thing my name isn`t Wendy!)

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