QUESTION

Hello, if there is a clothing company with the same as mine, can I for example add the word apparel at the end to make it different?

Asked on Sep 15th, 2014 on Business Law - California
More details to this question:
for example instead of influx, my company would be called "Influx apparel" is that enough to not get in trouble legally?
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
That depends.  If you added the word "apparel" to "McDonalds", consumers are not likely to  confuse your apparel company with McDonald's fast food restaurants.  However, just adding the word "apparel" to "Aeropostale" would not get you off the hook.  By using the term "Aeropostale", even with the additional word "apparel", consumers would still confuse your business with theirs; you would be trading on their goodwill and name recognition, and consumers would think they were buying clothing from the original Aeropostale, not  your new business.  Some more fanciful and less descriptive term might help to prevent confusion.  In other words, "influx apparel" will probably not pass muster if there is another "influx" clothing store, but "influx benini brothers" has a better chance; the first term "apparel" is just descriptive and doesn't distinguish the two marks.  The second one might still not be different enought to avoid confusion, but it has a better chance.
Answered on Sep 16th, 2014 at 2:19 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters