Wordmark infringement case (with additional word)

[v1sh4l]

I have been working on building a community called "Little Artists Club"(changing the name slightly for keeping the example accurate but still maintain anonymity) and it seems to be growing(its online only and we are creating a club of kids around similar interests and we may/may not provide our own educational material), it was hobby so far but considering its growing demand, we are evaluating it to be a business and doing a TESS search we realized that there is an existing wordmark on "Little Artists"(changing the name slightly for keeping the example accurate but still maintain anonymity).

Little Artists runs a small training shop for kids and as per information on the web, working on franchise model.

I wonder if we should be worried about any infringement going forward or we are free to use "Little artists club" considering the existence of "little artists" wordmark?

There is also a "The Little Artists" which is DEAD Wordmark and predates "Little Artists". I would really like to keep it considering the simplicity of words and how people have caught onto the name..

Our differentiation is club which is the primary purpose(to create community), whereas in "little artists" case, their claimed purpose is to educate kids on art and provide training material.

Appreciate any help to guide us.

 

[quincy]

I have been working on building a community called "Little Artists Club"(changing the name slightly for keeping the example accurate but still maintain anonymity) and it seems to be growing(its online only and we are creating a club of kids around similar interests and we may/may not provide our own educational material), it was hobby so far but considering its growing demand, we are evaluating it to be a business and doing a TESS search we realized that there is an existing wordmark on "Little Artists"(changing the name slightly for keeping the example accurate but still maintain anonymity).

Little Artists runs a small training shop for kids and as per information on the web, working on franchise model.

I wonder if we should be worried about any infringement going forward or we are free to use "Little artists club" considering the existence of "little artists" wordmark?

There is also a "The Little Artists" which is DEAD Wordmark and predates "Little Artists". I would really like to keep it considering the simplicity of words and how people have caught onto the name..

Our differentiation is club which is the primary purpose(to create community), whereas in "little artists" case, their claimed purpose is to educate kids on art and provide training material.

Appreciate any help to guide us.

What is the name of your state, v1sh41?

It appears the name you chose for your proposed club is at risk of infringing on the trademark rights of the owner of the other "Little Artists." The names and the businesses are substantially similar which can lead to consumer confusion.

You can have a trademark attorney in your area personally review the actual names involved for a better determination but, based strictly on what you have said, I recommend you pick another name for your club that distinguishes your business from all others.

Good luck.