QUESTION

I want to create a product and call it Joonies, my question is since there is a movie called Goonies which is similar, will they have any claim to sue

Asked on Apr 22nd, 2013 on Intellectual Property - Florida
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I want to create a product and call it Joonies, my question is since there is a movie called Goonies which is similar, will they have any claim to sue me? So I can use this name?
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1 ANSWER

Trademarks, LLC’s Attorney serving Boston, MA
Partner at DelMar Law Offices
2 Awards
You appear to be asking, whether or not you can use a trademark for your product, where that trademark is similar to a trademark owned by someone else.  The answer will depend upon whether the trademark you want to use is available for your intended use, for the particular product in association with which you will use the trademark.   Generally, the standard is as follows: is your use of mark confusingly similar, to the extent that consumers will confuse the source of your goods, as being the owner (or licensee) of the other trademark. To make this determination, a comparative analysis of your product and the other owner's product is required.  Research would also be required to make sure there are no conflicting marks in use and/or registered with the US Patent and Trademark Office.  Neither I nor the USPTO recommends doing this on your own without legal assistance, as trademark law is complex and not straight forward.   Here are some links with articles that you may find helpful: Click here for article about Trademark Registration, why it is best to consult with an Attorney and how they can help you.   Click here for ten (10) additional helpful articles about Trademarks.   Best, Michelle L. Grenier, Esq. Trademark Lawyer Grenier Law Offices, PC   Feel free to contact me  by Clicking Here:  Contact Michelle L. Grenier, Trademark Lawyer     
Answered on Apr 23rd, 2013 at 9:36 AM

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