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Re: Confilcting name vrs servicemark

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Posted by M. Arthur Auslander on February 01, 2001 at 04:37:24:

In Reply to: Confilcting name vrs servicemark posted by James on January 31, 2001 at 08:53:19:

: To keep this confidential, all names have been changed.

: If company A has a registered servicemark under "ABC Widgets"

: Company B opens for business under the name "Silk ABC Widgets" after the servicemark goes in to effect for company A.

: Is Company B infringing since they are operating under the partcial name and within the same business world.

: Company A & B are in different states if that makes any difference, company A is a national supplier of Widgets.

Dear James,

On the superficialities of the post it looks like infringement. The Reality Check (sm) is how to deal with it effectively and economically.

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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Subject: Re: Re: Confilcting name vrs servicemark

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: : To keep this confidential, all names have been changed. : : If company A has a registered servicemark under "ABC Widgets" : : Company B opens for business under the name "Silk ABC Widgets" after the servicemark goes in to effect for company A. : : Is Company B infringing since they are operating under the partcial name and within the same business world. : : Company A & B are in different states if that makes any difference, company A is a national supplier of Widgets. : Dear James, : On the superficialities of the post it looks like infringement. The Reality Check (sm) is how to deal with it effectively and economically. : 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: Confilcting name vrs servicemark

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This is the Old Trademark Forum. It is no longer operational.
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