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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3106
Experience:  Experienced in intellectual property law
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I'm looking for quick guidance. I am running a nonprofit

Customer Question

Hi I'm looking for quick guidance. I am running a nonprofit fundraising event on Saturday, August 20th. We named it WoofStock. It is a community Family Fun day that will benefit two local 501c3 non profit animal rescues. It has been brought to my attention that an individual in Canada has trademarked the word WoofStock in Canada and also recently in the US because they plan to bring their event to the US in the future. So, we must change our event name. We are considering WuffStock which is not listed on the TESS database as trademarked and we feel it is not confusing to the consumer. Is this too close to the trademarked name of WoofStock? If so, we are also considering WoofJam which is also not listed in TESS as trademarked. Your advice please?
JA: Is the trademark federally registered?
Customer: I'm sorry - I don't know much about this - if it is on the TESS database as trademarked is that federal?
JA: Have you talked to a lawyer yet?
Customer: no - this all cost a lot of money and we are a very small non-profit so I'm trying to do the research at as low a cost as possible
JA: Anything else you think the lawyer should know?
Customer: just that we did not intentionally do this and we are trying to do the right thing. I was in communication with the owner of the WoofStock brand and even sent him our second choice for a name to ask if it was acceptable to he and his organization as a courtesy and he has now cut off communication.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Kendell Kelly, Esq replied 1 year ago.

Hello, my name is Kendell! Happy to help! Please remember that this is a tool for information only, we cannot give you legal advice and thus cannot tell you what to do or not (since that is prohibited).This should not be considered a attorney-client relationship. Also, please reserve your feedback until we have fully answered your question -- I will stick with you until we do.

Expert:  Kendell Kelly, Esq replied 1 year ago.

While you may actually be able to achieve a federal registration for WUFFSTOCK, the likelihood is slim because the marks are very similar. Which names did you send the owner?