When the two names are confusingly similar, there is definitely an issue. Mere similarity is not necessarily enough to be concern if they are easily distinguishable. If you are in such a situation that your business name is confusingly similar, you should be concerned of possible trademark infringement and other legal issues. At this point, you’ll need professional legal assistance, but it is valuable to know that there are a number of factors beyond just being confusingly similar that makes up a trademark infringement. This includes factors such as the strength of the mark, proximity of goods, evidence of actual confusion, similarity of marketing channels, types of goods sold, the intent of the maker of the mark, etc.
- How Independent Artists Reacted to Fashion Mogul Zara’s Alleged Infringement [e277]
- The Negatives and Overlooked Positives of Trademarks [e154]
- Can I Trademark My Hashtag?
- Guide to Terms & Conditions for Subscription Box Businesses
- The Legal Considerations of Rebranding [e126]
- How to Sell a Trademark and Avoiding Infringement [e119]
- Did a CrossFit Gym Infringe on the Jordan Logo Trademark? [e108]
- How Fig Newmans Benefited from Fig Newtons 
- Why California Employers Must Give Paid Sick Leave [e91]
- San Diego Comic-Con Asserts Its Trademark Rights Over Salt Lake City [e84]
Post by: Nasir Pasha, Esq.
Managing attorney and co-host of podcast Legally Sound | Smart Business