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Coincidence-But Would It Be An Infringement?

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ddlarose

Junior Member
Wyoming
Hello, I am the creator of a new program that will be taught in high school's and colleges both in and out of my state. I decided to change the name of my program in the past couple of weeks, and came up with a new name that I feel more fully represents the goals of the program. I will be creating a new logo, web-site and intellectual property under this brand. The words which I used are common, but I have never seen them together so I felt it was okay to go forward. Out of curiosity I googled it (to see if the domain name was being used) and found that the terms are used generally by people in India to define a generation of people or a movement in several articles, but by different authors. Then I came to one American author who uses the term in an ezine article that he wrote. He capitlized it as I would have, and the article just happens to identify the the same issues that I address with my program. However, there are no other articles or anything else that indicates his expertise in the area. I tried to contact the author out of courtesy, but since this is a coincidence, and we just happened to come to the same conclusions, would it be a violation to go ahead with my original plans to use the phrase? He has not returned my e-mails. Wyoming
 
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FlyingRon

Senior Member
If the phrase is the other's trademark, the fact that you independently came up with it means nothing. The yardstick is whether others would confuse your use of the mark with his.
 

ddlarose

Junior Member
No, it is not his trademark or brand or anything, it was simply a title for his theories that he used in his article, and it is one that has been previously used by others, only he capitialized it and used it in his title.
 

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