Grooming Dog
Would naming a dog-grooming store similar to "Bed, Bath, and Beyond" constitute trademark infringement?
A friend of mine is planning to open a dog grooming shop, and wants to give it a name like "Groom, Bath, and Beyond", a la "Bed, Bath, and Beyond". Would she have a risk of being sued for trademark infringement?
In general, as long as it is unlikely for confusion to occur, then the name can be re-used without fear of trademark infringement.
Examples:
1) The name of the company that I work for (we have an oilfield related business) is exactly the same as the name of a company that produces printers. No trademark infringement.
2) A small sandwich shop was established in our town with a particular name. A large chain came into town and established a restaurant with the same name. Because they were both food service establishments, there was trademark infringement. The already established small sandwich shop won.
It is unlikely that there would be confusion between a dog grooming shop and Bed, Bath and Beyond. So chances are that there is no trademark infringement. BUT... just because your friend might ultimately prevail in court doesn't mean that Bed, Bath and Beyond's lawyers won't sue her. Even if they know that they would lose if the case came to trial, they can force a settlement early because your friend simply will not have the cash to defend herself.
But I have to agree with the others - It's not a very catchy name. I suggest that she try again.
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