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LawTalk
LawTalk, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 37081
Experience:  I have more than 25 years experience in the practice of law.
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I make cotton caps, we wanted to name our cap line smokin

Customer Question

I make cotton caps, we wanted to name our cap line smokin hot, there is someone who sells cowgirl caps that has "its smokin hot" as her trademarked name for selling caps, if we used just the word "smokin" and dropped the "hot" would that qualify as copyright infringement on her trademark?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Were you selling anything other than head-wear I would have to say that by dropping the work hot from the name, you would almost certainly be in compliance. However as you intend to sell a similar product, it would be like a new burger joint opening with the name of The King. The combination of the use of a significant identifier used in an already trademarked name, in conjunction with the sales of similar products, would be likely to lead to a meritorious claim for trademark infringement by the cowgirl cap company if and when they learned of your name. I am sorry.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

Customer: replied 1 year ago.
Doug, Thank you, ***** ***** I just needed an answer either way.
Expert:  LawTalk replied 1 year ago.

Thank you for your kind words. They are appreciated.

Please understand that in order for me to be compensated for having helped you, I need for you to positively rate my service to you by clicking on the rating stars---three stars or more. It is that easy.

Thanks in advance.

I wish you the best,

Doug

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