Re: Blue Max

August T. Horvath (
Thu, 14 Dec 1995 14:23:19 -0500 (EST)

On Thu, 14 Dec 1995, Bill Shatzer wrote:

> >Bill,
> >Do you think there is confusion between Blue Rider
> >looking to sell the vacuforms and Blue Max?
> >
> Ah ha! (Slaps forehead!)
> There should be a law against modeling companies having similar
> names!

Funny thing, there is a law about that (trade mark law). And, the main
legal standard is exactly what was suggested -- whether the ordinary
consumer will be confused as to the source of a product. However, where
the use of normal words in trade names is concerned, there are rules that
would make it hard for either of these companies to sue each other. Rider
doesn't have much to do with Max, nobody owns the word Blue, and we
wouldn't want to give one company a monopoly over any name, "Blue
______," even if the monopoly were limited to one industry.

> I still get confused between Airform and Airframe as well! :-)

Slightly better case for litigation because of the phonetic similarity in
the names. Airform would have an advantage in having chosen a made-up
word; these are more protectible. But priority also counts for something.

August Horvath
Harvard Law School