Two items with SAME name (Trademark Question)

[randomguy42]

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

Hello,

I have a question about trademark (at least I think its trademark related).

Can two items (being sold) have the same name if they are offering different service or are different items?

My questions is directly related to the name of phone applications.

Example: There are two phone apps that are not similar in features and offer different services but have similar names. (app 1 is called "Green Apple" and app 2 is called "GreenApple".

I don't believe either app has even applied for trademark (or does this even matter?)

The names are made up FYI

Any help is much appreciated.

 

[quincy]

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

Hello,

I have a question about trademark (at least I think its trademark related).

Can two items (being sold) have the same name if they are offering different service or are different items?

My questions is directly related to the name of phone applications.

Example: There are two phone apps that are not similar in features and offer different services but have similar names. (app 1 is called "Green Apple" and app 2 is called "GreenApple".

I don't believe either app has even applied for trademark (or does this even matter?)

The names are made up FYI

Any help is much appreciated.

Yes, two items can have the same name/trademark - and often do.

There are two Apples, a handful of ABCs, dozens of Enterprises. . . .it is not so much the name but whether a consumer is confused or is likely to become confused by the dual (or greater) use of the same or similar name. This consumer confusion becomes more likely when the names/trademarks are used to identify same or similar businesses, products or services.

But, even if there is little likelihood that a trademark will confuse a consumer into thinking one business, product or service is another's, there can still be a lawsuit filed against the second user of the name/mark by the original user. Sometimes threats of suit can be enough to prevent a second user from continuing with his use, sometimes a lawsuit filed by the first user can be successful, sometimes a suit cannot be supported with evidence enough of harm to win a suit.

It all depends on the specific facts that present themselves in any one suit.

 

[randomguy42]

Yes, two items can have the same name/trademark - and often do.

There are two Apples, a handful of ABCs, dozens of Enterprises. . . .it is not so much the name but whether a consumer is confused or is likely to become confused by the dual (or greater) use of the same or similar name. This consumer confusion becomes more likely when the names/trademarks are used to identify same or similar businesses, products or services.

But, even if there is little likelihood that a trademark will confuse a consumer into thinking one business, product or service is another's, there can still be a lawsuit filed against the second user of the name/mark by the original user. Sometimes threats of suit can be enough to prevent a second user from continuing with his use, sometimes a lawsuit filed by the first user can be successful, sometimes a suit cannot be supported with evidence enough of harm to win a suit.

It all depends on the specific facts that present themselves in any one suit.

Thanks! That helps.

I can be more specific (maybe it'll help)

One of the apps is a health care and fitness app for runners. The other is a food app that allows people to order a type of food.

The icons and type of apps are very unrelated.

Hopefully I don't get to many sneers for asking but, with the little amount of info I have given, do you think there could be confusion?

The only similarity I can see is that they are both apps.

Thanks for any help you can give and thanks for your first response !

 

[quincy]

Thanks! That helps.

I can be more specific (maybe it'll help)

One of the apps is a health care and fitness app for runners. The other is a food app that allows people to order a type of food.

The icons and type of apps are very unrelated.

Hopefully I don't get to many sneers for asking but, with the little amount of info I have given, do you think there could be confusion?

The only similarity I can see is that they are both apps.

Thanks for any help you can give and thanks for your first response !

I am not sneering.

Your question is a legitimate one. Unfortunately, it is also a question that cannot be answered without a personal review of all facts - and this personal review cannot be done on a forum. It needs to be done by an attorney in your area.

I can tell you that there can be natural overlaps in information covering health and fitness information and food information. And, if one wishes to expand their health and fitness information to include foods, the trademark used to identify health/fitness/food could be more easily confused with the food trademark. A first user of a mark, then, could potentially prevent another from using the same or similar name, or stop another's use of the same or similar mark.

This type of dispute is what has kinda sorta happened between Apple Computers and Apple Music at various times in their shared-name history, when one Apple strayed a bit too far into the territory of the other Apple. These companies have enjoyed periods of peaceful coexistence but also time (and a whole heck of a lot of money) spent in court.

 

[randomguy42]

I am not sneering.

Your question is a legitimate one. Unfortunately, it is also a question that cannot be answered without a personal review of all facts - and this personal review cannot be done on a forum. The review should be done by an attorney in your area.

I can tell you that there can be overlaps in information covering health and fitness information and food information and, in addition, if one wishes to expand from their health and fitness information to include, say, health foods, the same trademarks could then easily confuse consumers. In that case, a first user of a mark could potentially prevent or stop another's use of the same or similar mark.

This type of dispute is what has kinda sorta happened between Apple Computers and Apple Music at various times in their shared-name history. These companies that have enjoyed periods of peaceful coexistence and also times spent in court, often as a result of their shared name.

I see.

The food app is based on fast food (not very health related).

But, I do absolutely understand what your saying and I appreciate your help!

Thanks,

 

[quincy]

I see.

The food app is based on fast food (not very health related).

But, I do absolutely understand what your saying and I appreciate your help!

Thanks,

Fast food is not healthy

It can be a fine line, randomguy, and it is impossible to tell on what side of the line a court would find your use - this if a trademark holder took exception to it.

The fact is a trademark holder can decide a use is infringing on their rights, whether it is or not, and that trademark holder can make your life miserable. If there is a way to reduce the risk of a conflict with another or others, that is what I would generally advise.