Re: Re: Infringement?

Subject: Re: Re: Re: Infringement?

Comments:
: : : I believe I have infringed on an existing service mark. Loreal company has a service mark on the word skinlogics. It was for products for facial scrubs, and toners. My service mark was for my skincare facility which provided skincare services. The name I chose was not a plural but skinlogic. I have no claim to the word skin. Do I have any rights to pursue this? : : Dear Scott, : : From what you say, it looks terrible. To be certain one must be able to carefully consider law and facts. : : If you are in trouble as it seems the longer you wait the more difficult it is. The next step is to prepare facts and law so this won't reoccur. : : We make a living helping people like you. : : 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 : ------ : Trademarks are usually limited to the goods and or services by which they are registered. Different trademark classes of goods and services exist for different products and services - therefore it is indeed possible for two different traders to use the same mark under certain circumstances. : For example, DELTA for airlines and DELTA for faucets. : The plain test of infringement is whether the consumers are being misled about the source and origin of your goods and services. If your use of a substantially similar name is likely to confuse the public, then it is likely an infringement. : Because the goods as registered by Loreal in this case (skin care products) are reasonably related to the services that you offer, consumer confusion is possible, if not likely. : Further consideration should be made into the nature of Loreal's mark, namely whether "Skinlogics" is limited to any particular design (a design mark as opposed to a word mark) and/or whether any disclaimers against Loreal's exclusive claims as registered. : For more information, please visit our websites: : www.BrandXperts.com or : www.namesavers.net or : www.copyrightpros.com : Anderson & Shippey - Intellectual Property Solutions for the New Millennium. : Offices in Irvine and San Francisco, California : tel. (949) 754-3048

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