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  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Default Two Similar Trademarks

    I recently started to put together a business plan. It involves, workshops, consulting, blog, and even supplements with the Trademark name, and a book. I'm a doctor.

    I bought the domain names. TheFightDietBlog.com and the TheFightDietBook.com
    Then I went to do a search in the Trademark database.
    The one I'm looking to trademark is "The Fight Diet". There is nothing registered, under The Fight Diet, so at first I felt relieved, because it was available. There was even a note that said that the word "Diet" is broad that no one can really trademark it.

    Then out of curiousity, I looked for similiar ones. I found "Fighter Diet" was trademarked. I went to the persons website, and they have a diet, and one on one phone consults, and a few ebooks. Similiar, but my is more workshop, trademark supplements, and soon to be published Book.

    There are thousands of diets out there, also thousands of similiar supplement companies (ie. nature's sunshine, nature's balance, nature's vitality). My question is will I likely get turned down, when I try to register this name, and throw away money on the application. And second, if I do get a TM. Will I be vulnerable to the FighterDiet.com person pursuing me for infringement? Am I opening up a pandora's box of future problems?

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Two Similiar Trademarks

    First, you should already have trademarked the title of the book. Book titles are NOT protected by copyright.

    If the book has a similar title, then that registration would have told you if you would have problems.

    "The" is a worthless word trademark wise and I don't know why you registered domains with it. Just makes the name longer and harder to remember.

    I think you have potential problems with the fighter diet. If that diet is just for fighters, then perhaps a bit less so, but I doubt it is that specific. Your biggest problem is that the conflict is in the exact same class and virtually identical marketwise.

    If you made your product name a bit more specific you could likely get around the trademark issue.
    Like something along the lines of" The BigFight diet" or FightFat diet" or "Easy Fight Diet" but with a bit more imagination than those examples. The point is, something that would not be a potential trademark issue and would be specific enough to protect. I did not use "fightthefat" for instance as I hate the look of two identifical letters together that are parts of different words. Makes it harder to read. For instance, rather than registering keywesttv. com I did tvkeywest.com as the two "t's" together are ugly and harder to read. I also did televisionkeywest.com.

    Your problem isn't only a conflict with the fighterdiet but with other people that might decide to copy you and use that registration to attack yours or argue that neither are valid because they haven't been enforced.

    Also, don't overlook state trademark registrations. Also, in addition to a word mark, you really need to have a graphic logo with the name in it and register that mark separately. You need a distinctive logo you can put on all your marketing and product materials to brand your diet and create recognition for the logo even more so than whatever the words are in the name.

    You could still make use of the domain names, but I would not use them for the main domains. But oftentimes when the trademark consists of common English words one will find that the domain has been registered by speculators, especially something as big as the diet industry. You have to use some imagination to work around them. Another approach is to use an acronym if the name itself is long or use the key words but not all the words.

    Short domains are also easier to remember and when you are using paid media, putting it on labels, etc. a shorter domain is what you want. I have flakeys1.com and bpprn.com, the latter standing for Blue Planet Property Recovery Network which would be way too long for a domain. I already have blueplanetsecurity.com, blueplanetproperty.com and many others for my corporation.

    You might likewise want to think ahead and lock up what you might need for dietary and nutritional supplements, plus things like t-shirts, consulting and motivational talks on DVD, etc.

    All the more reason to come up with a bit more imaginative and specific name that can be fully protected in all the areas you might use it.

    Yes, stay away from Pandora and Murphy.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Two Similar Trademarks

    The "fighter diet" mark is for: "Providing a website that features information on weight reduction diet planning". However, that would provide a potential basis for the trademark holder to claim that your domains infringe on its mark; from what we have heard so far your mark would appear to be sufficiently similar to theirs to potentially confuse consumers looking for diet and weight loss information. I'm also finding a lot of generic references to "fight diet" - that may also pose a threat to your trademark goals - the extent to which, even if you obtain the mark, you can successfully enforce it against others.

    I would personally try to come up with a mark that's unique. I'm also reminded of the scene from "The Social Network" in which Mark Zuckerberg is advised to lose the "the" from his domain name (then "thefacebook.com").

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