QUESTION

When is it trademark infringement?

Asked on Dec 05th, 2012 on Business Law - Indiana
More details to this question:
I am looking to start a network consulting company and after some research, I found that there is another company with a name that is phonetically the same but spelled differently. The other company is Zigbee, The ZigBee Alliance is a group of companies that maintain and publish the ZigBee standard. My company will not offer any kind of wireless automation, which is what the standard is about but it is in the computer industry. It is my understanding that one of the considerations is whether or not someone will confuse the two. What I need to know is, in your professional opinion, am I safe or should I find another name?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The use of a mark that is phonetically identical to the mark of another is extremely risky, because there will always be the possibiiity that an appreciable number of ordinary consumers, hearing your name, will falsely conclude that your goods or services are endorsed or sponsored by the "senior" user, which is not the case. Pick another name.
Answered on Dec 06th, 2012 at 8:31 AM

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