Name infringement

[wehs]

What is the name of your state (only U.S. law)? Utah

We are setting up a website to make rabbit growers aware of a rabbit food that we are producing that is proprietary. We want to call it X rabbit food, but there is a Horse feed made by a company that has been in existence for years called X' horse feed. Are these too close, that that company could file a suit down the road, or is Vitality a generic enough name, and are rabbit and horse feed far enough apart from each other to be a legal conflict?

Thanks,
Bob

 

[FlyingRon]

It's hard for us to judge, but it's quite possible that the horse food guys would argue that your animal food trademark could be confused with their mark. My personal guess is that the feed market isn't sufficiently large that you could do so with impunity.