QUESTION
How do I know if I can legally start a clothing business and sell clothes without amy trademark or copyright infringment?
Asked on Jan 17th, 2015 on Business Law - California
More details to this question:
I checked my brand name on the USPTO database and it is available. However, what's considered "too similar" to another business?
1 ANSWER
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Doland & Fraade
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A USPTO search may not be enough. The standard is likelihood of confusion in the consuming market. Different attorneys have different experience and interpretations of this standard. Complete originality is better than trying to get by on a technicality. The cost of potential litigation is one good reason.
Answered on Jan 19th, 2015 at 8:06 AM