Name Calling: Using Someone Else’s Trademark By Rachel Blue


This Article first appeared in The Journal Record - November 12, 2009.

Calling your new soft drink formula Coca-Cola when it’s not “the real thing” would be trademark infringement, which occurs when the same or similar mark is used in a way that would lead to consumer confusion. But that doesn’t mean you can never use a trademark that belongs to someone else.

Article authored by McAfee & Taft attorney: Rachel Blue

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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