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CalAttorney2
CalAttorney2, Attorney
Category: Intellectual Property Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I have a business by the name "Dope Fein Boutique". We have

Customer Question

Hello! I have a business by the name "Dope Fein Boutique". We have not yet registered for a trademark of the name but we are doing business as, in the state of Georgia under the name. We recently received a "Cease & Desist" from a company owning rights to the word and logo "Dope". They have a few trademarks for Dope, 1 being for online retail services of tshirts, fleece apparel etc. We are in the same industry (clothing, & online retail) although their main audience is men clothing, with their brand logo DOPE on the clothing, they also offer a few women's items as well (with their logo). We sell exclusively women's items, and only use our name and logo for our website. We do not use it to brand our clothing whatsoever nor do we sell any items containing the word Dope. They are a clothing brand who design and manufacture their clothing and we are a boutique who buys wholesale and resale. I truly believe that no consumer would confuse the 2, seeing as we are a women's boutique that sells dresses etc. and they exclusively sell streetwear branded with their logo. Also, the word Dope is an adjective in the dictionary meaning "great or excellent" which is the context we used it as in conjunction with another word (Fein) to describe a noun (Boutique).Do you have any advice? Should we go through the process of completely changing our name and logo?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

This is going to be a strategy call that you need to make (unfortunately your question is really asking for "formal legal advice" (which must be provided by a local attorney) - "should we go through the process of completely changing our name and logo?" - and our services are limited to providing "general legal information"), however, you have already identified the major factor that a court would look at if this other company were to actually attempt to enforce their "trademark infringement" suit.

"Is there a risk of consumer confusion?" - Based on what you have posted, the fact that the two brands share A word, and both brands sell the same type of product being the only similarities, while all other factors are distinct - the brands actually have different names, they have different logos, they sell different types of clothing, they have different websites, etc. there is unlikely to be "confusion between the brands by a reasonable consumer."

However, if you would like a formal legal opinion as to the course of action your business should take, I must refer you to a local attorney. You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).