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Re: Passing Off

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Posted by M. Arthur Auslander on July 23, 2000 at 03:13:22:

In Reply to: Passing Off posted by David Moore on July 22, 2000 at 16:35:39:

: I have a trademark registration Application for a specific name, this was applied for via a law firm, at the USPTO on a relevant date, however, to my dismay there seems to be another trademark application exactly the same as mine, which was applied for one month earlier. Their product is similar in market target and application. Is this going to cause me a headache? If I sell products under this name using simply TM am I passing off?

Dear David,

From what you say it looks as if you are in difficulty. Passing off is a special act if infringement where you mislead in what you are doing. It is likely to be dealt with more severly in the courts.

Things don't look good. The facts may still save the situation depending our your date of first use and date of first use in commerce.

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop (sm)
E arly L egal A dvice I s N ot E xpensive

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: : I have a trademark registration Application for a specific name, this was applied for via a law firm, at the USPTO on a relevant date, however, to my dismay there seems to be another trademark application exactly the same as mine, which was applied for one month earlier. Their product is similar in market target and application. Is this going to cause me a headache? If I sell products under this name using simply TM am I passing off? : Dear David, : From what you say it looks as if you are in difficulty. Passing off is a special act if infringement where you mislead in what you are doing. It is likely to be dealt with more severly in the courts. : Things don't look good. The facts may still save the situation depending our your date of first use and date of first use in commerce. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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Re: Passing Off

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