1. Get a lawyer.
  2. The interesting question isn't Can I be sued for trademark infringement for using the name milkbone?, because the answer is "Yes". You could also be sued for the trademark infringement of "AppleSweet" and for shooting JFK. The question to ask is If I get sued for trademark infringement, what are my chances?.
  3. Get a lawyer.
  4. I should be safe because my project and the products made by the Milkbone company are in different industries. That's just part of the story. *Sometimes*, that will get you off the hook. But sometimes, it won't. Your chances will be slim if you call your software product Coca-Cola. See, the trademark law also recognizes "well-known names". Will Milkbone be recognized as such? I've no idea.
  5. Get a lawyer.
  6. The driving force behind trademarks is that the public can't confuse names/brands/logos. It's not just for the companies, but it also gives the customer some form of protection. It means that if you buy a hamburger next to a giant yellow M, you are guaranteed to get wet cardboard, and no local hamburger joint is trying to pass you some juicy stuff. If you get sued, you might have to prove such confusion is unlikely.
  7. Get a lawyer.
  8. I've said this before, but asking for legal advice on a forum like this is stupid. You wouldn't ask for medical advice here when you cough up blood, would you?
  9. Get a lawyer.

Did I already suggest to get a lawyer?

Abigail
--
P.S. Get a lawyer.


In reply to Re: Trademark Issues by Abigail-II
in thread Trademark Issues by batkins

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