For example the word "DROID" which trademark right is of LucasFilm Ltd. =
http://www.attorneyqna.com/legal-answers/lucasfilm-ltd--owns-trademark-rights-to-the-word---601624.html
Can I create a company name that uses the word droid but with an S at the end. I would like to create a Marketing Company and name it "Marketing Droids" which is ending with an S.
Can this be used ?
To add to my colleagues' good advice, don't think that trademarks have to be exact to be in conflict. The test is whether or not the 2 names are confusingly similar, because consumers need to know the source of the goods or services they're thinking of buying. Adding an s to a word, especially to a famous name like "droid," won't make it clear to any consumers that the names are from different sources.
In general, the 1st word of a multi-word trademark is more important than the 2nd word, which is more important than the 3rd word, etc. So "Marketing Droids" would be less confusingly similar to "Droids" than "Droids Marketing," but "Marketing" is descriptive word that wouldn't get much trademark protection, and again, with a name as distinctive and well-known as "Droid," the chances of confusion and dilution are high enough that the order of the words doesn't matter much.
Choosing a trademark is one of the most important, if not the single most important decision that a business makes, and that trademark can become an extremely valuable asset. A wrong choice means wasting time, money, effort, and possibly ending up in court. Don't do this without your own IP lawyer.
First, this web-site should not be used to ask questions such this degree of specificity. You may cause prejudice to your position if you do so.
Second, the test under trademark law is whether there is a likelihood of consumer confusion. Adding an "s" at the end of the word droid will not necessarily avoid consumer confusion. Here is the hard truth---this may be a complex IP law question and without knowing many more facts we cannot advice you. If you want to use this name, you need to retain intellectual property counsel to represent you. Will this cost money? Yes. But if you fail to invest money in IP counsel you are very foolish
L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
The purpose of trademark law is to provide assurances as to source, sponsorship or authorization. If there is a likelihood of confusion because a trademark is confusingly similar to another trademark, being used to market similar goods or services in the same geographic region, a court may enjoin the user of the confusingly similar trademark from its use. A mark which resembles another mark may also be objectionable because it "dilutes" the first mark, which may be associated in the public mind with particular goods or services emanating from the owner of the trademark. Big companies are generally very protective of their yrademark rights and often resort to legal action to prevent dilution or infringement of their rights.
All of which is to say, if you name your business as you plan, don't be surprised to receive legal correspondence telling you to pick another name, or be sued.
Not legal advice as I don't practice law in Florida. It's just my two cents on the facts you describe in light of general principles of law. If you need legal advice, please consult a lawyer who holds Florida licensure. That's not me.
MARKETING DROIDS will get you sued by the one who markets DROID, and they have a billion dollars to spend fighting you. You stand to lose, and they can bankrupt you in the process. Don't do this! Be your own person and not like a fly riding on someone else's coat-tails, particularly one with a huge fly swatter like Lucasfilm Ltd.
