Legal Question in Business Law in California

Patent

Hi, i would like to know it violates any patent law to use a name that has already been patent but not in the same exact way (different writing and it has word/ patent name /word?


Asked on 8/20/07, 12:39 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Patent

Names cannot be patented, though they can often be trademarked. Without some specifics about your situation, there is no way we can say whether your plan would violate anyone's trademark.

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Answered on 8/20/07, 1:45 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Patent

Names can't be patented, nor could a mere name be copyrighted. If the name is protected at all, it would be by trademark. Trademark infringement does not ordinarily result from just the mention of a trademark, whether orally or in writing. If, however, the "use" you have in mind (but don't describe) includes any kind of commercialization for your own benefit, that's probably infringement. It doesn't help much that you may have somewhat disguised the trademark by sandwiching it between other words. If the public would be confused, or would recognize the mark, that's all that's necessary for your use to be an infringement.

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Answered on 8/20/07, 2:37 pm


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