Am I asking for trouble here?

[marcdonovan]

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

I have started marketing a product and I had to pick a product name. The product kills fleas on pets and is non-poisonous to mammals but deadly to insects. The base ingredient is called fossil shell flour and it is mined from ancient sea beds in New Mexico. I decided to call the end product Organic Flea Flour. I hired a graphic designer who is working on some label designs. I told him to abbreviate the product name and put OFF on the top. He is worried I would be infringing on the Johnson Company trademark for the OFF product if I remove the periods from the abbreviation. I think the samples are publicly viewable from this url: http://ws.elance.com/uploads2/2B/07/15009579/OFF_Opt_4B.jpg Not sure, if not, let me know and I will rehost on a public server. One point that I have not stressed to him yet is that this product does not repel fleas, it only kills them. It is not a repellent like Johnson's OFF is.

Am I in danger of a trademark suit if I remove the periods? What about using the abbreviation? I think the name is safe on its own, since no other products use that name.

I know they may sue me just because, and see how it falls out. I'm not worried about that at this point, but I may be later on after I have built a brand awareness. I definitely can't match the resources of Johnson.

I think the periods look goofy and they need to be removed. What say you from a legal standpoint.

At this point it would probably be much easier for me to totally change the name to something less infringing, but I really like it. Plus my wife thought of it and I will need to explain.

What does case law say about abbreviations and trademarks?

 

[Zigner]

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

I have started marketing a product and I had to pick a product name. The product kills fleas on pets and is non-poisonous to mammals but deadly to insects. The base ingredient is called fossil shell flour and it is mined from ancient sea beds in New Mexico. I decided to call the end product Organic Flea Flour. I hired a graphic designer who is working on some label designs. I told him to abbreviate the product name and put OFF on the top. He is worried I would be infringing on the Johnson Company trademark for the OFF product if I remove the periods from the abbreviation. I think the samples are publicly viewable from this url: http://ws.elance.com/uploads2/2B/07/15009579/OFF_Opt_4B.jpg Not sure, if not, let me know and I will rehost on a public server. One point that I have not stressed to him yet is that this product does not repel fleas, it only kills them. It is not a repellent like Johnson's OFF is.

Am I in danger of a trademark suit if I remove the periods? What about using the abbreviation? I think the name is safe on its own, since no other products use that name.

I know they may sue me just because, and see how it falls out. I'm not worried about that at this point, but I may be later on after I have built a brand awareness. I definitely can't match the resources of Johnson.

I think the periods look goofy and they need to be removed. What say you from a legal standpoint.

At this point it would probably be much easier for me to totally change the name to something less infringing, but I really like it. Plus my wife thought of it and I will need to explain.

What does case law say about abbreviations and trademarks?

I definitely can't match the resources of Johnson.

THAT is your key problem...

 

[marcdonovan]

Agree Zigner,

So the threat of a lawsuit is directly proportional to the popularity of my product. True of anything I guess.

But, how successful would it be, being that it is only an abbreviation. ie, what does case law say about abbreviations. I know it matters not if they decide to press the issue. I can't afford more than a few days in court. My thought was if it's already well established then they wont even try.

I am being lazy here. Im hoping someone already knows.

 

[cyjeff]

Agree Zigner,

So the threat of a lawsuit is directly proportional to the popularity of my product. True of anything I guess.

But, how successful would it be, being that it is only an abbreviation. ie, what does case law say about abbreviations. I know it matters not if they decide to press the issue. I can't afford more than a few days in court. My thought was if it's already well established then they wont even try.

I am being lazy here. Im hoping someone already knows.

I would recommend, strongly, in picking another name.

They have attorneys on staff WAITING for you to release your product and put you out of business.

Spend your money on your business... not your legal fees.

 

[RobbyG15]

The test for whether a trademark is infringing is based on:
1) Is the product you may be infringing upon a household name?
2) Would any reasonable person be likely to confuse your symbol with the well-known trademark?

The answer to both those questions is a definite "yes" and this IS supported by case law so you are absolutely foolhardy to try anything even remotely similar to that. Furthermore, if you do try that, are sued, and lose, you better have liability protection for your company (i.e. do you run an LLC???). If you don't, they can come after you and all of your personal assets in addition to your company assets.