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How close do you have to be to infringe on a TM if two words are close but both generic? Isn't there a very tight interpretation?.

Example.

GreatAmericanLoans.com (this is the example TM Where "Great American" is the brand).

GreatAmericaLoans.com (this is the other/generic???).

I don't believe that the combo of the two makes it unique enough. Thoughts?..

Comments (8)

Darn it. Any other thoughts? You know what they say. If you don't like what you hear, keep asking until you do.

Thank labrocca...

Comment #1

It all depends on whether the name is distinctive and the potential for confusion. It depends on usage too...

Comment #2

That pretty much covers it, especially if the trademark holder is RAW (Ready,.

Able, Willing) for that...

Comment #3

Of course I want to use it for the same product keyword. :0 Dont want to do any heavy lifting.

I appreciate the help all of you. I can never seem to find the shortcuts I am looking for. It is just as I suspected. Thank you and rep will be added...

Comment #4

Your example is just pretty clear cut to me. Am I too assume wrong that's in in the lending field? Also the term loan is really used in your example as the descriptor BUT it's the Great American that's the key to uniqueness in the TM. Removing the N from Americans isn't distinct enough and it's confusingly similar.

Usage is everything but c'mon...how else would one use GreatAmericaLoan...

Comment #5

It was actually FirstAmericaMortgage.com. Where "First American" is TMed. It is getting some searches and would likely generate some revenue if parked.

My thought was that because Banking institutions have made those type of groupings i.e "First American" "First Federal" "Second National" "National American" almost generic descripters that maybe I has "some" legs to stand on. I didn't think so but I tried to paint a pretty picture and see what this crowd might say. Thanks again for your advice and I didn't grab it...

Comment #6

I suppose you could park it to links for renting books, dvds etc... while youre awaiting suitable offers from "interested parties"...

Comment #7

This one could really be problematic. You did well by staying away..

Comment #8


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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