Legal Question in Intellectual Property in Connecticut

Trademark Word Spacing

Is there a legal difference between

two words merged into one word and

the original two words? For example

(not my case), if someone else uses

the phrase ''Face Book,'' is that

legally different than ''Facebook'' for

the purpose of a trademark?

Asked on 2/13/08, 3:48 pm

2 Answers from Attorneys

Francis Pennarola Chipman, Mazzucco, Land & Pennarola
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Re: Trademark Word Spacing

Not if the use is the same. You can have Acme hamburgers and Acme rocket launches, but you could not have

ac me rocket launchers and acme rocket launchers.

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Answered on 2/13/08, 3:54 pm
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Re: Trademark Word Spacing

The "core element of trademark infringement," is wheteher when cmpariring the two marks there is the likelihood of confusion, not whetehter the marks are identical.The United States Court of Appeals for the Ninth Circuit employs an eight-factor test to determine the likelihood of confusion. The eight factors are: (1) strength of the mark; (2) proximity of the goods; (3) similarity of the marks; (4) evidence of actual confusion; (5) marketing channels used; (6) type of goods and the degree of care likely to be exercised by the purchaser; (7) defendant's intent in selecting the mark; and (8) likelihood of expansion of the product lines.

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Answered on 2/13/08, 4:35 pm

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