Will I have problems - website name

DewChugr

DewChugr

Photoshop God
Jun 26, 2006
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Example: A person has a website related to artwork called crazygopher.com and sells shirts with the crazy gopher character on them. As far as I can tell it's not hugely popular.

What is the likellhood of me running into problems with this person if I make a site called (example) crazygopherfishing.com? Unrelated business, except possibly selling crazygopherfishing.com shirts. Different looking character, different business, not competing against the crazy gopher.
 


Not looking good, I looked on uspto.gov, yes, it looks like there is a trademark of an image of the crazy gopher that is used on the shirts. If I go crazy gopha or gofer would it pass or should I use it until if and when I get a notice?

Goods and services - sportswear, namely, T-shirts, sweatshirts, shirts, hats, pants, onesies, and tank tops

Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Description of Mark The mark consists of an original gopher drawing and text in stylized form, which says "Crazy Gopher".

There is also a trademark for "John's Crazy Gopher" and one registered as "Crazy Gopher", all three from different people.

I looked on google images and there's someone that has crazy gopher bedtime stories, someone with crazy gopher productions, crazy gopher body wash, crazy gopher diner, crazy gopher photography.

I won't start off selling shirts and if I do it they would be crazy gopher fishing with a gopher logo, words, info, etc. His is mainly a simple line drawing cartoon gopher doing different things like surfing, etc.
 
You should talk to a lawyer but trademarks are domain specific so since fishing and artwork don't mix there won't likely be a problem. This is why if you search a bunch of stuff you see many companies with the same trademark (but unique logo)

For example Starcraft is a game and there is also a line of Boats or rv trailers or something called Starcraft.
 
What kingfish said. Trademarks are niche specific. Look up something somewhat generic sounding and you'll see a hundred trademarks filed for all different kinds of companies. It shouldn't be a problem if your business is different from his.
 
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