QUESTION

Is one allowed to use a business name that is similar to a name protected by a trademark if the services they offer are different?

Asked on Dec 17th, 2017 on Business Law - North Carolina
More details to this question:
I am currently using the business name playersplug for my high school sports apparel business. I just discovered that there is an app on the market under the name playerplug that organizes tweets of professional athletes. Am I infringing on their trademark by using almost the same name, but for a different service?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Trademarks apply to classes of goods/services, not for everything.  The touchstone is generally whether a consumer will be confused into thinking that your product or service is being offered by the trademark owner.  Thus, you couldn't operate a hamburger restaurant named "McDonalds", but you could operate an autobody shop by that name.  In your particular example, it seems like a close question to me, and you may want to consult a North Carolina attorney who deals with intellectual property issues.  He/she would be able to get deeper into the facts and give you a better idea of your status.
Answered on Dec 18th, 2017 at 8:25 AM

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