Thread: Infringement?

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    Infringement?
    I was considering naming my business "laughinghaus" photography, however, I have found there is already a photographer with a website at "laughinghOusE". Is there any possibility that I'm going to run into some kind of legal trouble with this? He does a completely different kind of photography from me, if that's relevant.


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    Hi Jack. You can google this for more details--search for "likelihood of confusion" and DuPont Factors. That is what a court would refer to in order to make a determination of infringement (or not). The marks don't have to be identical to create an infringement situation. On the other hand, even if the marks are identical, it doesn't necessarily mean that one is infringing the other. I am a trademark attorney and can't give you legal advice on a forum. The answer would depend on your particular situation, as well as things like what your markets are geographically (again, see DuPont factors). The fact that it is a different form of photography is probably not going to be given a lot of weight, though. A great resource is the Nolo books, which are usually available at the library. Hope that helps.


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