I am working on an app and want to name it Vidmark. Apparently, this name is the name of a long-defunct company (since 2001). Could I get into trouble using this name?
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22001 is long-defunct? – Fake Name May 27 '20 at 06:36
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11@FakeName 2001 is older than this year's university freshmen. – nick012000 May 27 '20 at 08:19
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I'm stealing your name. I'm going to use it for a brand of hybrid soybean. It'll soon be the talk of farm shows. There'll be little signs "Vidmark 4031" or whatever at the end of cornrows on demonstration farms. Somehow I don't think there'll be a naming conflict. – Harper - Reinstate Monica May 27 '20 at 18:12
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@FakeName How is it not? In business, 19 years is a long time. – user91988 May 27 '20 at 19:39
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The answer is almost assuredly, no, you can't use it.
Vidmark was parented as Trimark Holdings which was bought by Lionsgate in 2001. Lionsgate is still very much an active company, and has been using the Vidmark name as lately as 2017 when it released a Roku streaming channel under the "Vidmark" name.
So Lionsgate is the holder of this particular trademark, and is actively using it.
TESS shows that the trademark is still Live and was re-registered in 2017.
Ron Beyer
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I see, thank you. Would it be possible to use some kind of title with the name Vidmark in it? Something along the lines of "Vidmark It", etc. – Ben Shabtai May 26 '20 at 16:41
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17I wouldn't push it in that regard, especially if your app has something to do with video. If it's completely unrelated to it, it may be OK but you'll have to try to submit a trademark application to see if it's rejected as "too similar" or in a related field. – Ron Beyer May 26 '20 at 16:47
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6Just to make this clear: The fact that Vidmark is the name of a defunct company does not really matter here - what matters is that "Vidmark" is a trademark. In practice, company names are often registered as trademarks, too, but not always. – sleske May 27 '20 at 10:32
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1Doesn't it also depend on the field the company is involved is? For example, if you develop a new computer or phone, you are not allowed to call it "Apple", or write "Apple" on it, but if you manufacture soft drinks which taste like apple, or bake fruitcakes etc. you are pretty surely allowed to use it. – vsz May 27 '20 at 12:13
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@vsz Read my comment below the question... Yes, it does, somewhat, Vidmark is both a trademark and a brand so the OP can try to register a similar trademark in a completely unrelated field, however Lionsgate developed an "app" for Roku using the name, so it's unlikely that they would be OK with somebody using the name for another app, even if it's a different app store. – Ron Beyer May 27 '20 at 12:16
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@vsz, I would still be careful with Apple, even though they lost this one: https://www.sueddeutsche.de/wirtschaft/markenstreit-cafe-apfelkind-besiegt-apple-1.1784653 – Carsten S May 27 '20 at 12:40
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@RonBeyer Do you think I could use Vidmarker as the name for the app? Is that somehow pushing it? The app has to do with YouTube if that matters. – Ben Shabtai May 31 '20 at 15:09