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How Close Can a New Slogan Be to a Popular Trademark

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  • 08-23-2012, 03:14 AM
    will68j
    How Close Can a New Slogan Be to a Popular Trademark
    I have a publication I'm working on called Baltimore Tuff (B-Tuff) One of the slogans I use for companies is presented: "Built Baltimore Tuff." I was looking around and I noticed Ford has a slogan called, "Built Ford Tough." Is this going to be an issue? Especially if I'm calling a Chevy, "Built Baltimore Tuff?"

    Thanks
  • 08-23-2012, 09:08 AM
    jk
    Re: How Close Can a New Slogan Be to a Popular Trademark
    one key to considering trademark infringement is; will there be confusion

    what that means is; is it possible a reader could confuse your mark to actually be associated with Ford.

    The problem: that is a question only the courts can answer.

    The other problem: whether it is infringing or not is irrelevant if Ford has a problem with your mark. They have a lot of money to throw at such an issue. They can file suit and you end up having to defend your mark. It is a difficult position to defend unless you have a lot of money. Often times the little guy loses simply because he cannot afford to defend his rights, even when he is in the right.

    I suspect Ford might take issue with your slogan.
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