Legal Question in Business Law in Hawaii

Trade Name Dispute

How close does a trade name have to be to legitimately claim a trade name conflict?

This example is:

Serenity Spa Hawaii

and

Serenity & Massage

Is this a legitimate dispute, will it hold up in a legal proceeding? If so why doesn't a

Burgerland

and

Burger King

have a dispute?


Asked on 3/19/01, 8:35 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Trade Name Dispute

Your question has a posting date of 3/19/01, but it came to the list today.

"Serenity" would likely be deemed suggestive rather than descriptive of the services involved, so it could indeed be protectible. Contrast Burger King, where the word "burger" would have to be disclaimed (having no trademark significance), and it would have a tough time chasing Burgerland.

Thus, in your case, it appears that there would be a colorable claim for trademark infringement.

Best wishes,

LDWG

Read more
Answered on 5/30/01, 11:57 am


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