...Can I be sued for trademark infringement for using the name milkbone?

It's good to realize that anybody can sue you for anything at anytime, especially given enough resources. I speak from experience, I'm afraid ;-(.

If you know of a company that is already using that name, please find out how they registered that name (in what areas of business, particularly). That they're doing dogfood now, does not mean they didn't trademark it for software development. That they're doing dogfood now, does not mean they couldn't be in software development in two years from now. Stranger things have happened.

So, make sure you're not infringing on their trademark beforehand. If there is only the slightest doubt that you may be infringing, get a dead tree document from them that they're agreeing with you using "their" name for your software product. If they don't want to give that to you, I seriously consider one of the following:

Even if you are proven right in the end, you're going to have a hard time getting any damages from them. So in the end it's going to cost you a lot of money and headaches. Trust me, I've been there.

Liz

Update:
Check Abigail-II's take on this, particularly the part about coughing up blood.

Update:
Changed title of above link from "Get a lawyer" as this was apparently misunderstood.


In reply to Re: Trademark Issues by liz
in thread Trademark Issues by batkins

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