® Trademark Infringement
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- jayoh
I did some work for a friend who sells Kayaks a year ago and I gave his business a tagline to go with his new identity. I have just seen a commercial for a cruise operator who uses this tagline (for about 5 years). I ran a search on the USPTO and verified this.
I did not attempt to register his tagline so it is unprotected.
My question is, is this an infringement of a ® registered trademark if we are in different business' with entirely different objectives?
- ********0
good question, i've wondered the same thing.
- Jnr_Madison0
I doubt they care if you're not in the same industry.
- ********0
it very well could be, my suggestion to you would be to call and consult a lawyer, ASAP.
- however, if wasn't registered officially, you're SOL********
- however, if wasn't registered officially, you're SOL
- ********0
silos only exist for middle mismanagement
- has the tour operator registered the tagline?********
- yesjayoh
- SOL********
- has the tour operator registered the tagline?
- jayoh0
I doubt they care either and it is certainly not going to turn into a lawyer issue because he does not have the budget for that and there is minimal investment in the tagline anyway.
What worries me is if I do more work for him, online, advertising and possibly retail, would it be a wise idea to move away from further investment in this?
- ********0
you could also just change a SINGLE word (use a thesaurus) and then register it.
- bulletfactory0
is the phrase:
'kayaks; canoes are for pussies.'i've been seeing that everywhere.
- jayoh0
I just found this on the USPTO:
Is registration of my mark required?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,
* constructive notice to the public of the registrant's claim of ownership of the mark;
* a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;*******
So that means the mark is only exclusive when used in connection with the goods/services LISTED in the registration.So I guess since he does not sell cruises I'm OK