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 NameCommented May 27, 2020 at 6:36
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11@FakeName 2001 is older than this year's university freshmen.– nick012000Commented May 27, 2020 at 8:19
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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 MonicaCommented May 27, 2020 at 18:12
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@FakeName How is it not? In business, 19 years is a long time.– user91988Commented May 27, 2020 at 19:39
1 Answer
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.
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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. Commented May 26, 2020 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. Commented May 26, 2020 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.– sleskeCommented May 27, 2020 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.– vszCommented May 27, 2020 at 12:13