Is this a trademark violation?

[milk_man]

Note: I am Canadian but will be operating on Youtube which is an american based company.

For the longest time I have used the username CaptainRagu in games and forums. It's origins are a long story but now it has quite a lot of meaning to me.

I plan on starting a youtube channel of video game play throughs/commentarys etc. and wish to use the channel name "CaptainRagu". As with many youtube channels, this may someday become monetized, in that any advertising revenue the channel brings in will be split between myself and youtube.

As im sure you all know, there is a spaghetti sauce company "Ragú®", however "Ragu" or "Ragù" has been used since the 18th century to describe tomato and meat based pasta sauces. The word is describing a type of food, like pizza or pasta. I have seen the word freely used in book titles and other sources not related to the company in question.

I posted in the hopes that someone could clarify whether the company would have any legal grounds to disrupt my channel. Thanks

 

[quincy]

Note: I am Canadian but will be operating on Youtube which is an american based company.

For the longest time I have used the username CaptainRagu in games and forums. It's origins are a long story but now it has quite a lot of meaning to me.

I plan on starting a youtube channel of video game play throughs/commentarys etc. and wish to use the channel name "CaptainRagu". As with many youtube channels, this may someday become monetized, in that any advertising revenue the channel brings in will be split between myself and youtube.

As im sure you all know, there is a spaghetti sauce company "Ragú®", however "Ragu" or "Ragù" has been used since the 18th century to describe tomato and meat based pasta sauces. The word is describing a type of food, like pizza or pasta. I have seen the word freely used in book titles and other sources not related to the company in question.

I posted in the hopes that someone could clarify whether the company would have any legal grounds to disrupt my channel. Thanks

If there is an objection filed by the trademark holder against you and your YouTube channel, there is a good chance YouTube will "disrupt" your channel. In fact, I would expect the holders of the Ragu trademark to challenge your use of their registered mark to identify your site.

 

[justalayman]

is the term ragu the term used since the 18th century or the term Ragu? The capital letter can make a world of difference here.

on top of everything else, Ragu` has a youtube channel of their own so I suspect yours will be short lived regardless of whether they would have a valid cause of action to sue you for trademark infringement or not.

 

[quincy]

In addition to the good points justalayman makes, Ragu is a "famous" trademark, which means it is widely recognized by the general public as an identifier for a specific product.

The holders of famous trademarks can not only file claims of infringement for unauthorized uses or abuses of their marks, they are also eligible to file claims of dilution - this even if there is no competition between the goods or services being offered, and this even if there is no likelihood of consumer confusion. Further, with claims of dilution, when marks are the same (and not just similar) no proof of dilution is required.

In other words, I would seriously rethink the Ragu portion of your CaptainRagu.

 

[milk_man]

Thanks a lot for the advice folks. I knew I would be going out on a limb to defend its use but id rather avoid all this from the get go. Disappointing but I will have to think up something else.

 

[quincy]

Thanks a lot for the advice folks. I knew I would be going out on a limb to defend its use but id rather avoid all this from the get go. Disappointing but I will have to think up something else.

You were smart to check out the legal risks involved before establishing your YouTube channel, and I think you are smart to consider a different name for your YouTube channel.

Many people are either unaware of the legalities or they ignore the legalities when coming up with a trademark until they receive a notice informing them they are being sued for infringement, and any investment they may have made in their business (or product or service) can be lost to litigation rather quickly.

I wish you much luck with your CaptainWhatever channel, milk_man. Both justalayman and I thank you for the thanks.