Does anybody know offhand if someone has a trade marked name and you use a different name on a product that is similar but not exactly the same can they come after you?

Ex if I want to start a hamburger stand and call it Fridays orginal hamburgers could I face a lawsuit from the chain of Resturants called Fridays?

If your last name is Friday you have have a small legal chance of winning!

you mean as in the chain TGI Friday's? If it's like "Friday's Hamburger Stand", then no. but if it was like "TGI Friday's Hamurger Stand" then probably yes.

Originally posted by beerisgood
Does anybody know offhand if someone has a trade marked name and you use a different name on a product that is similar but not exactly the same can they come after you?

Ex if I want to start a hamburger stand and call it Fridays orginal hamburgers could I face a lawsuit from the chain of Resturants called Fridays?

technically I think their full name is TGIFridays....so you should be ok on that example


:usa:

Originally posted by JParuBob
you mean as in the chain TGI Friday's? If it's like "Friday's Hamburger Stand", then no. but if it was like "TGI Friday's Hamurger Stand" then probably yes.

I say not!

Case in point:

March 14, 1986

When John and Reid started out they wanted to name their fledgling brewery something unique and memorable. As they threw potential names back and forth, the word "rock" kept coming up. They liked the solid sound of "rock", and the implication that a brewpub named rock would be "substantial" and "reliable." But they also wanted something in the name that would give it the sense of fun and energy that they imagined their brewpub would have. Eventually they settled on the name "Roaring Rock Brewery", with the "Roaring" alluding to the excitement.

They decided to add "& Alehouse" because of all the explaining they were having to do about what their brewery actually was (a micro-brewery and a pub). After opening people told them that the Roaring Rock name fit, due to the roaring crowd and the roaring rock 'n' roll music on the old jukebox! Interestingly, today there are more brewpubs in the nation that have the word "rock" in their name than any other word, (though "big" and "creek" come close).

All was going along well until they received a letter from the lawyers of Latrobe Brewing Co. in Latrobe Pennsylvania, the makers of Rolling Rock beer. They were told the daughter of the president of the large conglomerate which owned Latrobe Brewing was a college student going to UC Berkeley. She mentioned it to her father that she had been to a new brewery-pub called Roaring Rock. Suddenly trademark attorneys were swarming.

John and Reid had never once considered that there could be a problem with Roaring Rock as a name for their brewpub, and of course, they would never have wanted to be confused with Rolling Rock. Unfortunately, when the legal battle in Federal District Court was over, Rolling Rock had won, and the Martin brothers were given a short amount of time to change the name.
http://www.triplerock.com/images/roaringrock.jpg

Originally posted by Old Scout


I say not!

Case in point:

March 14, 1986

When John and Reid started out they wanted to name their fledgling brewery something unique and memorable. As they threw potential names back and forth, the word "rock" kept coming up. They liked the solid sound of "rock", and the implication that a brewpub named rock would be "substantial" and "reliable." But they also wanted something in the name that would give it the sense of fun and energy that they imagined their brewpub would have. Eventually they settled on the name "Roaring Rock Brewery", with the "Roaring" alluding to the excitement.

They decided to add "& Alehouse" because of all the explaining they were having to do about what their brewery actually was (a micro-brewery and a pub). After opening people told them that the Roaring Rock name fit, due to the roaring crowd and the roaring rock 'n' roll music on the old jukebox! Interestingly, today there are more brewpubs in the nation that have the word "rock" in their name than any other word, (though "big" and "creek" come close).

All was going along well until they received a letter from the lawyers of Latrobe Brewing Co. in Latrobe Pennsylvania, the makers of Rolling Rock beer. They were told the daughter of the president of the large conglomerate which owned Latrobe Brewing was a college student going to UC Berkeley. She mentioned it to her father that she had been to a new brewery-pub called Roaring Rock. Suddenly trademark attorneys were swarming.

John and Reid had never once considered that there could be a problem with Roaring Rock as a name for their brewpub, and of course, they would never have wanted to be confused with Rolling Rock. Unfortunately, when the legal battle in Federal District Court was over, Rolling Rock had won, and the Martin brothers were given a short amount of time to change the name.
http://www.triplerock.com/images/roaringrock.jpg

only from some Berkely fuck... :rolleyes:

Originally posted by beerisgood
Does anybody know offhand if someone has a trade marked name and you use a different name on a product that is similar but not exactly the same can they come after you?

Ex if I want to start a hamburger stand and call it Fridays orginal hamburgers could I face a lawsuit from the chain of Resturants called Fridays?

You would have a problem, yes. Now, if you were selling semiconductor's and named it Friday's, you'd be fine. You can't mislead or confuse.

I'm going to agree with OS on this one. It just happened here too. A man named victor and his wife were trying to open a sex toys shop named "victors secret", Victorias secret inc., not wanting to be associated or mistaken for a sex shop :rolleyes: filed lawsuit and won..

It all depends on who has the better lawyers.

Sad, but true.

Originally posted by Sully
It all depends on who has the better lawyers.

Sad, but true.

Amen.

cool thanks alot for the info

Originally posted by sceep
I'm going to agree with OS on this one. It just happened here too. A man named victor and his wife were trying to open a sex toys shop named "victors secret", Victorias secret inc., not wanting to be associated or mistaken for a sex shop :rolleyes: filed lawsuit and won..

Are you sure that Victoria's won? The news reports here said that Victor's won.

ChiXJeff

not 100% but i was pretty damn sure that victorias won.. oh well..

Originally posted by ChiXJeff


Are you sure that Victoria's won? The news reports here said that Victor's won.

ChiXJeff

Victor's won:
HIGH COURT DRESSES DOWN VICTORIA'S SECRET IN RULING (http://www.pagesix.com/fashionbiz/31625.htm)

welllllllllll shit then sorry for the mis-information

First of all, Start HERE (http://www.uspto.gov/main/trademarks.htm) and educate yourself on Trademarks.

Second, Go HERE (http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=9m9qau.1.1) and search to see if the name is already taken.

The Search for "Friday AND Hamburger" returns NO queries...

Finally.. Register the Trademark.
You must be able to prove that you have used the Name you are registering in commerce before you can register it though...
SO....
For a Hamburger stand... Sell a hamburger to a buddy for $4.99 and give them a receipt for it on a preprinted receipt with the name "Friday's Hamburger Stand" On it.... That then becomes the proof that you have commercially sold something as "Friday's Hamburger Stand"