The Entrepreneur Forum | Startups | Entrepreneurship | Starting a Business | Motivation | Success

Is this Trademark Infringement?

Remove ads while supporting the Unscripted philosophy...become an INSIDER.

eGrizzly

Contributor
Read Millionaire Fastlane
I've Read UNSCRIPTED
Oct 27, 2017
44
20
57
44
Texas
Hi guys,

For sake of illustration is the name Chicago Web Dezign confusingly similar with Chicago Web Design, being that the first name was purposely miss pelt combined with the fact that the words are highly generalized and common every day words. Does this constitute infringement being that Chicago Web Design was registered first as an assumed name/DBA

On the same note are their domain name counterparts chicagowebdezign.com and chicagowebdesign.com confusingly similar where chicagowebdezign.com infringes on the originally registered chicagowebdesign.com.

- Both companies offer identical services (standard web design services
- Both companies have completely different logos, branding, and none of their colors look similar.
- One of the registered DBAs, "Chicago Web Design", has not been an active business for about 10 years, although the assumed name still remains valid with the county

This trademark stuff can surely get confusing so I'm definitely calling out to you guys
 

Don't like ads? Remove them while supporting the forum. Subscribe.

giovanni93

Contributor
Read Millionaire Fastlane
I've Read UNSCRIPTED
Jan 19, 2018
21
26
28
27
California
Hi guys,

For sake of illustration is the name Chicago Web Dezign confusingly similar with Chicago Web Design, being that the first name was purposely miss pelt combined with the fact that the words are highly generalized and common every day words. Does this constitute infringement being that Chicago Web Design was registered first as an assumed name/DBA

On the same note are their domain name counterparts chicagowebdezign.com and chicagowebdesign.com confusingly similar where chicagowebdezign.com infringes on the originally registered chicagowebdesign.com.

- Both companies offer identical services (standard web design services
- Both companies have completely different logos, branding, and none of their colors look similar.
- One of the registered DBAs, "Chicago Web Design", has not been an active business for about 10 years, although the assumed name still remains valid with the county

This trademark stuff can surely get confusing so I'm definitely calling out to you guys
I believe it would definitely be an infringement, the words are too similar and the sound when pronounced are exactly the same.

I summarized the information I got from the USPTO onto a Word Document, so that whenever I was ready to trademark I could move along right away with it. Here is the basis of why you're likely not going to get a trademark for that name.

Hope this helps!

Similarity of Marks

- Examined for the similarities and differences
o To find a likelihood of confusion, marks do not have to be identical
- When marks sound alike when spoken, are visually similar, have the same meaning (even if in translation), and/or create the same general commercial impression in the consuming public’s mind, the marks may be considered confusingly similar
o May be sufficient to support a finding of likelihood of confusion depending on the relatedness of the goods and/or services

Sound: T. Markey – Tee Marqee (phonetic equivalents, marks sound alike)
 

Sponsored Offers

  • Sticky
MARKETPLACE Fox Web School "Legend" Group Coaching Program 2020
Yeah, your youtube channel is incredible and all the videos I have seen so far are really great...
  • Sticky
FEATURED! Introducing... WEALTH EXPO$ED, A Short Story By MJ DeMarco
Finally! I just launched a short story on Kindle (FREE if you have Kindle Unlimited)! After...
  • Sticky
MARKETPLACE You Are One Call Away From Living Your Dream Life - LightHouse’s Accountability Program ⚡
I planned to make a separate post for this video but it is useful here as well for anyone...
  • Sticky
MARKETPLACE Lex DeVille's - Advanced Freelance Udemy Courses!
Last promo of the year.. Get the training you need now or miss it. Promo Code: FINALHOUR...
  • Sticky
MARKETPLACE Kill Bigger Incubator
UPDATED POST: Hey Guys! I wanted to give a quick update on what this program has become. In...
  • Sticky
MARKETPLACE Grow Your Business With a Book (An Unorthodox Marketing Strategy That Built One of the Largest...
Are you looking for a new, lesser-known but potentially very lucrative source of leads to your...



Forum Sponsor

sponsor

New Topics

Fastlane Insiders

View the forum AD FREE.
Private, unindexed content
Detailed process/execution threads
Monthly conference calls with doers
Ideas needing execution, more!

Join Fastlane Insiders.

Top Bottom