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alex reese
alex reese, Attorney
Category: Legal
Satisfied Customers: 3408
Experience:  BS, MS, JD
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I have created a business restaurant food delivery business.

Customer Question

I have created a business for the restaurant food delivery business. I did not know that there is another business in the same industry that is called food dudes delivery. They have contacted me to let me know not to use there name
From what i understand this still may be considered a descriptive name for the business that is not trademarked. Also my business offers grocery delivery along with restaurant food delivery and food dudes does not offer grocery delivery.
How can is the name food dude and food dudes legally the same? SImilar yes but a complete different spelling.
Is there any legal way for me to still use food dude delivery
Submitted: 4 months ago.
Category: Legal
Expert:  alex reese replied 4 months ago.

hello. The names are ***** ***** and you are in the same class of goods/services for trademark purposes, so yes this is a trademark conflict. "Food Dudes" is not necessarily descriptive and they also may have acquired distinctiveness. The standard for TM infringement is whether there is a likelihood of consumer confusion and here that would appear to be the case. I suggest you try to work out some kind of co-existence agreement with them (use a TM attorney) or change your name otherwise you may find yourself defending against a TM infringement lawsuit.

Customer: replied 4 months ago.
ok, so would the business name 262delivery, be infringing on a business called 715delivery? They are area codes within our state
Expert:  alex reese replied 4 months ago.

no it would not be infringing, but neither of those would qualify as trademarks as they are merely descriptive.

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