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

MARKETPLACE 7 Days To Freedom: From Wantrepreneur/Wage Slave To Freelancer
A BIG THANK YOU FOR EVERYONE WHO PARTICIPATED! Thank you very much for joining, participating...
  • Sticky
MARKETPLACE Lex DeVille's - Advanced Freelance Udemy Courses!
The media defines people by their occupation. You are a liquor store owner, freelancer, single...
  • Sticky
MARKETPLACE Fox Web School "Legend" Group Coaching Program 2021
@Fox It's same with me Did both quiz and application but as yet no automatic confirmation, just...
Introducing MJ's Personal Unscripted Network, Join Now for FREE!
If you are in IDEA mode, text "IDEA" to the above number. If you are in LAUNCH/START mode, text...
MARKETPLACE Not sure how to start? This free book will teach you how to build a successful web design business
If there’s one thread I see repeated over and over again on the forum, it goes like this: “I...
  • Sticky
MARKETPLACE You Are One Call Away From Living Your Dream Life - LightHouse’s Accountability Program ⚡
Thanks for clearing that up. What do you recommend for those who are still in the process of...



Forum Sponsor

Over 100 Fastlane Students
More Details...

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