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Totally Clueless about Trademarks

Posted by Anonymous . updated on 11/11/2009
For arguments sake, lets say there is an active trademark for the words "Lame Duck".  They sell pictures of lame duck presidents.

And I am planning to call my LLC "Lame Duck Enterprises LLC".  And I would like to create a brand and logo.   The logo will be of a duck with a broken leg and perhaps somewhere in the logo the words "Lame Duck".  My business would be an online service on how to take care of injured ducks.
 
Is there trademark infringement on my part?  Could I use "Lame Duck" since both businesses have nothing in common whatsoever?  or do I have to change it up for my logo and maybe add a word or phrase, "Lame Duck Doctors", "Lame Duck Services" etc...
 
Is the LLC name infringing on the active trademark?
 
Any input would be appreciated.
Answers (1)
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Abhishe...
Hello Sir,

I think your LAME DUCK ENTERPRISES LLC will be infringing the trademark of the original mark but it also depends on type of goods or services that both marks are providing. You can justify the use of LAME DUCK for your services and may get a registration.

However, the mark LAME DUCK appears to be descriptive, especially for your services (even though a smart trademark lawyer will hit a home-rum for you) which under trademark law is difficult to register.

Abhishek
abhishek@rajpatent.com
 
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