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Clothing Name infringement?

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descendo

Junior Member
I going to have to change some names here..

Let's say I am starting a line of clothing for cowboys. Our company logo and name are original and trademarked. However, we are looking to do an advertising campaign that says "American Bull Fighter" The font and design are 100% original and do not infringe.

There is currently a clothing line for Mixed Martial Arts called "American Fighter" Would they have a case against me that my name is too close to theirs even if my font, design, and theme of my collection has nothing to do with theirs?

Thanks!
 


FlyingRon

Senior Member
Well, nothing can prevent them from asserting that you are infringing. The similarity (or not) of the marks is one issue. Whether there would be confusion in the market space is another (if these are truly two work or sporting related activities in spaces that do not overlap, rather than you marketing cowboy stuff to the general public, that's less likely). The other is dilution of someone else famous mark (which wouldn't seem to apply here).

My personal guess, is that you're probably OK.
 

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