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?

Would naming a dog-grooming store similar to "Bed, Bath, and Beyond" constitute trademark infringement?
Possibly, I don't know, but surely she can come up with something more creative.
Reply:I don't believe so. If it were another retail store for kitchen- %26amp; bath-ware, it MAY be an issue. But a creative pun like that really shouldn't be a problem





The company I work for in the field of internet marketing has the EXACT same name as a popular make of car. I know our lawyers and their lawyers have had talks about the overlap, but since they're totally different services/products, it's not an issue.





Hope this helps.
Reply: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.
Reply:it depends on how B B B feels about it....contact their legal division and ask them





I do know that a church group down the street named "His Rock" got sued by "Hard Rock" and lost.....but then, the church used very similar signage as Hard Rock too
Reply:Though the name is somewaht clever and in a diiferent business category it is still way to similar.





It is not worth the risk. 5 years from now she could have a thriving business and a reputation. Then she gets a letter from Bed, Bath and Beyond saying change the name or even saying that she is being sued.





So she changes the name. Customers will wonder what is up which will lead to a loss of business. Signage will have to be changed. Changing the name legally will cost. Investment in any sort of advertising is a rolling thing that builds upon itself. People see a name long enough and when they need a service they they go "oh, yea I will go there since they have been around for a while". If there is a name change all of that goes down the tubes.
Reply:I also do not like this name, but it should at least be "Groom, Bathe, and Beyond..."





Groom is a verb (in this context) and bath is a noun, so it sounds funny. Also could be an infringement.
Reply:Most likely he will be sued for trademark infringment. Also, Groom, Bath, and Beyond is just dumb.
Reply:Trademarked names are protected only within their category.


The protection is meant to prevent brand dilution and preserve the identity of the brand and business. A business cannot prevent all uses of a name only ones that would interfere with their business. So, if I owned a sheet metal fabricating corporation named National Steel I could prevent any other fabrication company from using the name National Steel. However if someone opened a weight training studio and named it National Steel there would be no infringement. Your friend is in a different market segment from B3 but that won't prevent them from harassing her about the name.





The practical advice would be to leave B3 alone and go with something else. They will drag her into court and make a lot of noise that will cost her time and money. If she wants to look like she knows what she is doing she will need to hire an attorney who understands these laws etc...





She would really be better off letting sleeping dogs lie.