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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3105
Experience:  Experienced in intellectual property law
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I am directing a documentary about a radio show. We

Customer Question

Hello, I am directing a documentary about a radio show. We will be doing a crowdfunding campaign and we want to title the film "Super Radio" or "Super Radio FM". There is a company that distributes radio content called "Superadio". I have reached out by phone and email to the "Superadio" company and have not received a yes or no response if our title conflicts. What would be the best way to secure our title? Thank you.
Submitted: 10 months ago.
Category: Intellectual Property Law
Customer: replied 10 months ago.
Also, if a c&d letter is sent, how long do you have to respond before they can sue?
Expert:  montysimmons replied 10 months ago.
Well, "SUPERADIO" is a registered trademark for:Registration Number (###) ###-####C 038. US 100 101 104. G & S: radio broadcasting services. Registration Number (###) ###-####C 038. US 100 101 104. G & S: radio broadcasting services. Owned by: Radiocraft, Inc. CORPORATION MASSACHUSETTS Box 3448 Southborough MASSACHUSETTS 01745The key Trademark infringement is "Likelihood of Confusion". Two companies can have the same Mark if the products are different enough. For example: A first company can own the mark MARS for candy and a second company can own the mark MARS for water meters. The reason is that the goods are so different there is no reasonable "likelihood of confusion" by customers. You want to do a film documentary about a "Radio Show" and you want to title the film "Super Radio." One never knows for sure but I say there is little chance a reasonable person would be confused that a documentary titled "Super Radio" is associated with Superadio the radio broadcasting company . . . as long as you do not go out of your way to try to make a connection between the two AND as long as the radio show in the documentary is not "Superadio" or something similar. Here is why.(1) The goods are different (radio broadcasting v. film documentary) - leans strongly in favor of non-infringement;(2) The marking channels will likely be different. - leans in favor of non-infringement (there are more factors but those two are enough in my opinion)That said, a person can be sued for good reason, bad reason, or no reason. And the person being sued must have the money to fight the suit.Point is, even if you would likely win in the end, Superadio can still sue you and out spend you. The safe move would be to select another title.. If you wish to protect such title - you file a trademark application to trademark the title. Cease and Desist LetterThey can sue you anytime they wish, they do not have to wait a day. If you have more questions please keep asking until you are satisfied.

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