Similar name with indirect competitor...

[california100]

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

I am interested starting a fresh juice (brick and mortar retail) company and I have just found an indirect competitor with a similar name that is trademarked...

here is an example, these aren't the company names I am choosing but the company whose name i share is also a nationally recognized brand...

Is it legal to call my fresh juice company 'Evian Juice Co' or 'Evian Juicery' even though 'Evian' is already trademarked as a bottled water company?

Thank you in advance for you help...

 

[quincy]

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

I am interested starting a fresh juice (brick and mortar retail) company and I have just found an indirect competitor with a similar name that is trademarked...

here is an example, these aren't the company names I am choosing but the company whose name i share is also a nationally recognized brand...

Is it legal to call my fresh juice company 'Evian Juice Co' or 'Evian Juicery' even though 'Evian' is already trademarked as a bottled water company?

Thank you in advance for you help...

Consumer confusion is the cornerstone of trademark law. If a consumer is likely to be confused by your use of the same or similar trademark, thinking your company or product is connected in some way with the other company, then you can expect a cease and desist letter from the company that first used the mark, and you put yourself at a greater risk of being sued by this company.

I suggest that, before you start your fresh juice company, you consult with an attorney in your area. The attorney can go over with you the trademark particulars so you can better assess your risks, and the attorney can review your business plans to help ensure you and your new company are properly protected. This personal review by a professional, prior to expending a lot of time and energy developing your company, is a smart first action to take to avoid any costly legal issues later.

And, as a note, coming up with your own creative and original name to identify your company will set your company's product apart from all others. You want your company to become known for its juice, not confused with someone else's water.

Good luck.

 

[california100]

And, as a note, coming up with your own creative and original name to identify your company will set your company's product apart from all others. You want your company to become known for its juice, not confused with someone else's water.

That is a great point, i never really thought of in depth that way yet. Thank you for your insight, you have give me a lot to think about...

 

[quincy]

Thinking is always good.

Good luck with your juice company.