trademark branding
Is a similar name and synonym to existing brand a trademark infringement?
<p>A company named Blackboard exists, with trademarks on the name. I would like to use the brand name &quot;Greenboard.&quot; Is there any possibility of trademark infringement if I use this name?</p>
<ul>
<li><p>I don't think it would cause confusion among consumers</p>
</li>
<li><p>I did not know the company existed when I came up with the name</p>
</li>
<li><p>I would have distinct logos for my own brand</p>
</li>
<li><p>We would be businesses in the same industry with competing products</p>
</li>
</ul>

<p>The legal standard is whether the allegedly infringing mark is confusingly similar to the mark that is allegedly infringed. This is a mixed question of fact and law usually determined by the trier of fact (which is the jury, in a jury trial where there is a colorable dispute of fact regarding the issue).</p>

<p>As a naïve customer, I would expect that a &quot;green board&quot; is likely a variation of the &quot;black board&quot;, made by the &quot;blackboard&quot; company, probably manufactured in some more environmentally safe way, and therefore probably a bit more expensive. I would expect that the blackboard company will handle any problems that I have with a &quot;green board&quot;, just as they do with a &quot;black board&quot;.</p>
<p>That's just me, but the blackboard company will argue that my view is quite common for customers. So there would be confusion in the market, and you could easily be sued. I wouldn't predict whether you win or lose, but it will cost you money.</p>
