Posted on June 2, 2010.
Are words such as Vogue and Dolce copyright? If I name my inner fashion business, could I get sued by Vogue fashion Although means simply fashion?
NO. A word like Vogue can not be copywrited.
Vogue Magazine is likely to be a trademark, but the word in isolation should be fine.
Perform a search in the name of Companies House.
No, as you point out, Vogue is a word - as long as you do not use it for the name of a magazine, you will not be prosecuted by Vogue. However, if you use Vogue Interiors, you can just get sued by Vogue Interiors.
As long as you do not use a name in direct competition (for example, a brand new car as a Pontiac), you are well.
Interiors Vogue and Dolce are both company names already registered and under the laws of the United Kingdom (I assume that U.S. law is similar), you can not save a duplicate name.
Determining if marks infringe can be difficult and each situation varies from another.
The general rules to keep in mind are:
1) The names similar in sound, appearance or meaning?
2) The industries of the same or similar to another?
3) The names can be confusing for the average consumer? In other words, customers would be confused and assume that the two companies are affiliated?
4) The commercial areas of the Cross? What routes of advertising - are the products and services advertised in common places?
Here's what the USPTO has to say about it:
"The main factors considered by the prosecutor of the review to determine if there would be a likelihood of confusion are:
the similarity of marks and
the commercial relationship between the products and / or services listed in the application.
To find a conflict, the marks need not be identical, and the properties and / or services should not be the same. It is enough that the marks are similar and the goods and / or related services. "
It is best to contact a private research company or a lawyer of the mark to help you determine if this is a problem or not.
Famous marks are accorded a special form of protection of trademark law. Most of thumb is that if a company is well known and if another party attempts to use the same or similar name, regardless of the industry, which will confuse the customers of the company's well-known.
The main rationale for this rule is if "the owner of a famous mark is entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against the commercial use of another person as a trade mark or trade name if such use begins after the mark has become famous and causes dilution of the distinctive quality mark. "
http://www.uspto.gov/web/offices/tac/tml ... - Link to above quote
Hope that helps! I wish you much success and happiness in all your endeavors!
