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A trademark is scoped to a specific industry / application. Starlink for internet is unlikely to be confused with STARLINK for Subaru car safety systems. (Perh
by cj 2y ago
A trademark is scoped to a specific industry / application.
Starlink for internet is unlikely to be confused with STARLINK for Subaru car safety systems. (Perhaps the all caps also helps if they were sued)
Trademark applications are scoped so that you can’t monopolize a name, you only own the name within the industry you operate in.
For example, there’s a real estate investment fund named Apple and even trades with stock ticker APLE.
- actionfromafar 2y agoIt would make total sense for STARLINK to use satellites to call for help.
- tbrownaw 2y ago> A trademark is scoped to a specific industry / application. Or at least it's supposed to be. https://www.sportskeeda.com/wwe/wwf https://www.sportskeeda.com/wwe/wwf
- greenavocado 2y agoThe Sleekcraft test or the Ninth Circuit likelihood of confusion test, is used to determine trademark infringement in the United States, particularly in the Ninth Circuit Court of Appeals. This test evaluates several factors to assess whether there is a likelihood of confusion between two trademarks. Factors considered: 1. Strength of the mark 2. Proximity of the goods 3. Similarity of the marks 4. Evidence of actual confusion 5. Marketing channels used 6. Type of goods and degree of care likely to be exercised by the purchaser 7. Defendant's intent in selecting the mark 8. Likelihood of expansion of the product lines To apply this test, courts examine each factor and weigh them collectively to determine if there's a likelihood of confusion between the trademarks in question. No single factor is determinative, and the importance of each factor may vary depending on the specific circumstances of the case. The courts will fudge their reasoning with those eight pillars to fit their opinion.