Hacker News new | ask | show | jobs
by wyldfire 3588 days ago
Unlikely. The standard for infringement in the US (likely similar w/EU via treaties and the like) is that it's confusingly similar and in relation to products or services similar to the products or services covered by the trademark.
1 comments

Exactly. That's how the clothing company could use the name after the film with the same name was released.
That's an interesting grey area, I think. The film title trademark was applied for and awarded [76238315], but if I created another film called "The French Connection" with an unrelated, original story -- would it be infringement? Only if indeed their original trademark was considered valid and if my film were confusingly similar.

Their application states "...G & S: series of motion picture films... featuring live-action entertainment. ..." It actually is a series (did you know they made a sequel? I didn't). So it's probably a legit trademark.

But if my film were a romcom set in Paris, I suspect they'd be really challenged to make the case. The defense should probably cite the countless films with identical titles made over the years. Even if many/most of them weren't trademarked it probably still hints that there won't be confusion.