Legal Question in Intellectual Property in Utah

We are setting up a website to make rabbit growers aware of a rabbit food that we are producing that is proprietary. We want to call it Vitality rabbit food, but there is a Horse feed made by a company that has been in existence for years called Nutrena 'Vitality' horse feed. Are these too close, that that company could file a suit down the road, or is Vitality a generic enough name, and are rabbit and horse feed far enough apart from each other to be a legal conflict?



Asked on 3/10/10, 8:06 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

That is a close call and if the owner of the horse brand challenges you, a judge will make the call. It is a risk you will have to take. The more different you make the logo the safer you would be.

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Answered on 3/15/10, 8:11 am

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