Discussion:
What is the name of your state? IL
I am thinking of naming my chamber music ensemble "red line ensemble" and creating a not for profit corporation with that name. There are TONS of other corporations with the name Red Line, none of which are music groups, but there is one that is a music distribution company. Is this a service mark conflict, or can we use the name because none of them are the same type of organization?
Answer:
Is this a service mark conflict, or can we use the name because none of them are the same type of organization? Tough call. The fact that a music company is using the name could be problematic. Generally a mark holder is not limited to enforcing his or her mark specifically to the "product group" for which the mark was registered -- if another use, even if outside the group, is a "confusing" mark, then the markholder may enforce their mark against that entity.
You could simply use the name and see what happens, but that might expose you to liability later on --plus it probably would be not too much fun if you established your name, only to have to change it down the line to avoid trademark infringment. If you must use the name, you should probably talk with an attorney with experience in trademarks who can review all of the facts of the situation and advise you accordingly. Finally, the easiest (and cheapest) solution would be to simply choose another name.