How can I tell if my registered name is a tm infringement?

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How can I tell if my registered name is a tm infringement?

There is a freecycle.org that is a network to recycle goods for free. It is a listserve. I want to use freeARTcycle.com that is a social network where members can give items for free targeted towards the arts. Members create galleries and groups and share advice about art and new uses for materials. freecycle is a 501c3. freeARTcycle is a “project” of weartthepeople.com a S corp

Asked on July 6, 2009 under Business Law, North Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

That's an interesting question, and sometimes those "interesting" questions need a full trial to get a final answer.  That's not always a good thing.

You should talk to an attorney who specializes in trademark law, or "intellectual property" which is a somewhat wider field that includes copyright law as well, who can get into this question in a bit more detail.  Your lawyer may also be able to work out ahead of time with the owner of "freecycle.org" whether there's a problem at all, or if it can be negotiated through.


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