Similar brand name????

1343 Views 8 Replies 7 Participants Last post by gothicaleigh, Oct 20, 2008

uateva

Discussion Starter · Oct 16, 2008

Just a quick question for you all. I was reading a book and came across the perfect word for my brand name...problem is i googled the word/name real quick and theres already a brand out there using it...but i REALLY want to use this word/name. so for example if theres already a brand called(remeber this is just a random example, not the one i want to use) tribal apparel...would it be dumb to or illegal to call my band tribal wear or tribal gear??? any insight or experience with this? mahalos in advance

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littleoddity

· #2 · Oct 16, 2008

If the existing brand is also in the same field then you'd probably be pushing your luck... if the existing brand was Tribal Dishwashers(and they actually made dishwashers, not clothes), you might have a better chance of getting away with it.. but based on the example you gave I'd try and find another name.

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proworlded

· #3 · Oct 16, 2008

I suggest that you contact an intellectual property attorney and get a legal answer.

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Solmu

· #4 · Oct 17, 2008

uateva said:
so for example if theres already a brand called(remeber this is just a random example, not the one i want to use) tribal apparel...would it be dumb to or illegal to call my band tribal wear or tribal gear???

If you want an official answer you'll need to consult a lawyer, but realistically you'd be wasting your money.

Tribal Apparel/Wear/Gear would be found "confusingly similar", and would be a trademark infringement.

Tribal Apparel vs. Tribal Construction Company bears no relation, and would very likely be fine.

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Wombat

· #5 · Oct 17, 2008

Flip it around and ask yourself how you would feel after you established your company if someone came alone and did that to you...

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uateva

Discussion Starter · #6 · Oct 17, 2008

thank you for your input...i guess its back to the drawing board

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jkruse

· #7 · Oct 20, 2008

KISS wasn't the first band to be called KISS.

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Solmu

· #8 · Oct 20, 2008

jkruse said:
KISS wasn't the first band to be called KISS.

A band is not a t-shirt brand, and the 70s are not today.

The Raconteurs are known as The Saboteurs in Australia, because there was already a band called The Raconteurs here.

Australian company Tsubi was forced to chang their name to Ksubi in the US because of the existence of a shoe brand called Tsubo.

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gothicaleigh

· #9 · Oct 20, 2008

Something to keep in mind is that if you are mentally making the connection, then others will too. It's best to avoid it. Especially so if the existing brand has anything to do with clothing.

That said, naming yourself after the goddess of strength, speed, and victory will get you sued. Every time.

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