Reply #50: Good point regarding trademark names

[KurtNYC]

This rises to another level. It is similar to someone who would decide to open a theme park and because they love Disney characters and films, they base all of the rides and attractions on Disney characters.

The name by itself would not be an infringment.
"Homer" plus donut selling IS an infringement.
"Homer" plus an image of Homer Simpson on the menu plus donuts just has to be an infringement.

The damage to Groening/Fox is negligible unless this restaurant gives someone mad-cow (the publicity would be horrible) or is just terrible in general.

The other risk (slight) is that if the trademark holder doesn't enforce his trademark, it can be argued that it was abandoned. For instance, I could start an airline called "PanAm" or "TWA" without damaging those defunct companies but someone may still hold the trademark. If they come after me they continue to hold the trademark. If they don't come after me then they have abandoned the trademark and I can use it legally.