Do they have copyrights to Reno pulse when there Facebook is called pulse Reno there buisness is actually called pulse society.

Asked over 1 year ago - Reno, NV

I want to launch a magazine under Reno pulse but I found a buisness using a Facebook called "pulse Reno".There buisness is not even called pulse Reno or Reno pulse but rather PULSE SOCIETY they are like a photo fashion type buisness and they label there photos and advertise as pulse society.They only name there Facebook pulse Reno to optimize and advertise the word pulse and I guess Reno so they can gain a audience in this city.They are not a magazine so even if they have the name I doubt it's federally trademarked can I launch a magazine which is a totally different market anyway and technically I'm different by saying I'm "Reno pulse" also we are not going to do fashion to cause confusion anyway.I will attempt to trademark federally but no time soon.

Additional information

i notice they are kind of shifting away from the name pulse society or its not advertised alot and rather shifting towards advertising PULSE as that is what i see.So they are advertising buisness as either PULSE COMMUNITY AND PULSE.I just see pulse all over there fashion photos. I would like suggestions on if I shoUld just name my buisness Reno pulse mag short for magazine to be a little different and claim I'm a magazine and in that market.BUT THIS IS THE LAST RESORT IF I AM CROSSING LINES.Regardless what name I launch as Reno pulse or reno pulse mag I don't think it matters because I'm going to advertise as a magazine most the time so I doubt I will!

Attorney answers (2)

  1. Richard Edmund Hawkins

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . This is an issue of trademark, not copyright.

    Don't expect a definitive answer that an attorney will stand behind on something like this in a forum full of short, free answers. This will take serious analysis, and likely research, to see if you are "too" close.

    Very, very roughly, if the names and types of business are similar enough that someone is likely to assume a connection, you can't do this.

    Being even "close" is likely to be buying expensive litigation. If you want to go ahead with such a name, pay a trademark attorney for opinion before moving forward.

  2. Frank A. Natoli

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Well, it is hard to say from info provided whether the goods and/or services you and they provide would be considered related. It is possible.

    Further, while they present one possible conflict there may very well be others that precede both of you and have prior use for the mark in question. The only way to know is to have a proper clearnace search conducted (see link on TM due diligence below).

    But if they are in completely different goods or services this may not pose a problem (think Delata Airlines vs Delta faucets).

    I would not rely on your own ideas about this, but have a proper clearance search and USPTO filing done. You may want to discuss this over with a TM lawyer before doing anything. I will link you to some general helpful info below and most of us here, including myself, offer a free phone consult.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more

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