Legal Question in Intellectual Property in Illinois

Trademarked names

University names are often trademarked. Is it still a violation of trademark if the name is altered? For instance, instead of ''San Jose State University'' could one use ''University of San Jose State''? Or instead of ''The Ohio State University'' use ''Ohio State University''?

What about intentional misspellings?


Asked on 4/24/07, 11:30 am

1 Answer from Attorneys

David K. Staub Staub Anderson LLC

Re: Trademarked names

If someone has a valid trademark, any mark that creates a "likelihood of confusion" would infringe the existing trademark.

It is a question of fact as to whether any give mark infringes another mark. It sounds like you are suggesting creating a mark to intentionally create a likelihood of confusion.

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Answered on 4/30/07, 12:04 am


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