Full question:
relative to Intellectual property: We started a weight loss center the first of last year. Our business name is Advance HCG Diet Center. So we now have received a letter from 'The Diet Center' telling us that we cant use 'Diet Center' in our name. Is that correct?
- Category: Intellectual Property
- Date:
- State: Washington
Answer:
Trademark infringement occurs when a business uses a name that is the same or similar to another business's name, leading to confusion among consumers regarding the source of the goods or services. Trademarks help distinguish one company's products from another's and protect businesses from unfair competition.
A trade name identifies a business and its reputation but is not automatically a trademark unless it is used to identify a product or service. If your name, Advance HCG Diet Center, is similar to The Diet Center, you may face legal challenges if it creates confusion among consumers.
Several factors determine if there is a likelihood of confusion, including:
- Strength of the plaintiff's name
- Relatedness of the goods or services
- Similarity of the names
- Evidence of actual confusion
- Marketing channels used
- Degree of care taken by consumers
- Defendant's intent in choosing the name
- Likelihood of expansion of product lines
To avoid potential legal issues, you may need to consider rebranding or altering your business name to reduce confusion. For specific legal advice, consult a trademark attorney.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.