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