Re: Re: Re: Infringement or Not?

Subject: Re: Re: Re: Re: Infringement or Not?

Comments:
: : : : About 10 months ago I started producing a line of foods from my company which is called "Deanie's Sugarfree Kitchen". I recently got a cease and desist letter from a company who says they have trademarked the word "Deanie's". After doing a search, I find that they have trademarked "Deanie's" for use with a restaurant, seafood, T-shirts, and a few other things. Looking in national yellow pages, I see quite a few businesses named "Deanie's Bar & Grill", etc. : : : : My lawyer says that changing the name of my company is cheaper than fighting them. I really don't want to do that since I have published 3 sugarfree cookbooks under my name (Deanie Comeaux Bahan)and I want the tie in. Does it really sound like I'm guilty of infringement? : : : Superficially it looks as if you lawyer is right. I take it back it is not superficial. Even if your right it could cost a bundle if the registrant has the money to act. : : : M. Arthur Auslander : : : ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm) : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : I am going to get this posting figured out yet!! Here goes again. It depends on whether or not you started using the mark before the mark was registered. If you were using the mark before the mark was registered then you should be able to fend off the cease and desist letter. Have your attorney determine when the mark was registered and when you started using the mark. There also may be some other defenses to the cease and desist letter, but they could be expensive. Another alternative is to negotiate, they will also have to spend money to come after you. : There are many issues both legal and practical. If you used your mark before they did, you may be able to cancel their registration. If you used the mark before their mark was registered without knowledge of their use you may be able to continue to use it in you area of use. If they want to fight right or wrong it may cost you more than it's worth even if you win. How much do you want to spend? It look as of the cannot do anything to you use of your name on the cookbooks. : M. Arthur Auslander : ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm) : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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