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There are two separate magazines operating in two separate markets. Both use the word Success in their title. The larger publication has threatened to sue for trademark violation. Is this a valid lawsuit?
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It can be.
One would have to view the totality of the two trademarks to evaluate the "likelihood of confusion".
One would have to have a specific factual knowledge of the "market" in to which each operates.
One would have to know the date of first use in commerce, which may in some circumstances be more important that the date of trademark registration.
Answered on Dec 19th, 2012 at 11:11 AM