My response:
This is an old battle. The most famous of these trademark wars comes to mind, from early in the 1900's, was that of Coca-Cola Company vs. Koca Kola Company. The court upheld the Coca-Cola trademark because of the sound and the nearness of the spelling. But, what was dispositive for the court in that case was the fact that both companies were in the softdrink business, and by the court's standards, Koka Kola Company was a "Johnny come lately" trying to enhance it's own business on the coat tails of the Coca-Cola Company that had been using that name in commerce since the late 1800's.
A federal trademark:
. relates to words, names, symbols, or devices that indicate the source or origin of the product.
. is used to prevent others from using a confusingly similar mark but not from selling products under a different non-confusing mark.
. must be individually identifiable and distinguishable from those of others with similar goods or services.
. is appropriate only if its use is not prohibited by legislative enactment or by another public policy.
. assures the buyer of the authenticity of a product or service.
. implies that the seller has exercised some standards of quality associated with goods or services covered by the trademark.
. is of limited use to M&O contractors because most DOE laboratories do not produce goods for sale; however, trademarks may be used to identify an item that is routinely sold and in which the laboratories are the only available source.
. may be licensed as part of a technology transfer agreement.
. Registration of a federal trademark is established simply by using it in interstate commerce, or by following the intention to use provisions.
Example:
Since Coca-Cola is a trademark, another company wouldn't be allowed to sell a cola product and call it Koca-Kola.
IAAL
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