What to do if my tagline is almost identical to the name of a beauty product company?

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What to do if my tagline is almost identical to the name of a beauty product company?

The industries are different – jewelry and beauty. Could this be an issue? Do I need to come up with a different tagline for my business? (I did not copy the name from them, I looked it up afterwards as I always do with these things but I’m wondering if there could be issues if they think I copied it even though mine is the tagline theirs is their company name)

Asked on September 8, 2012 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You most likely need a different tagline. While the products are different, they are in related product categories, going to essentially the same market: you can easily imagine companies which sell or distribute both beauty and jewlery products, and there is likely a strong overlap between the markets for these products (i.e. many of the same customers will buy both). Therefore, there is a likelihood of confusion, which could expose you to litigation from the beautry product company to protect their intellectual property.


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