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BigEasyYat

Trademark advice

2 posts in this topic

Where I reside, the beer at our sports stadium is affectionately referred to as Dome Foam. 

 

I came up with a design for a t-shirt that depicts a beer glass, a drawing of the stadium and the words Dome Foam on it. 

 

There is a business that has that name, Dome Foam,  trademarked with the state. They are a business that does spray insulation. 

 

That expression is known more locally than the business, you could almost say it’s part of the vernacular down here. I don’t think the business is even running it’s just a trademark the owner got a while ago while doing some marketing stuff for his spray foam business. 

 

Can I use those words on my t-shirt design 

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9 hours ago, BigEasyYat said:

That expression is known more locally than the business,

 

I'd be willing to bet that you have no basis in fact for this statement.

 

 

9 hours ago, BigEasyYat said:

Can I use those words on my t-shirt design

 

Can you?  Yes.  As far as legality, some of the elements of a trademark infringement claim are:  (1) similarity of the plaintiff's and defendants products/services; (2) identity of retail outlets and purchasers; (3) similarity of advertising media used; and (4) actual confusion.  In the event of a lawsuit, I strongly suspect you would have little, if any, difficulty with these elements and at least a couple of the others.  A goofy novelty t-shirt is not likely to cause confusion with a provider of spray insulation.

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