Re: Re: Re: Trademark v. Corporate Name

Subject: Re: Re: Re: Re: Trademark v. Corporate Name

Comments:
: : : : While I practice in patent law, my memory of some particulars of TM law is fuzzy. If someone has a federal TM granted would he potentially be able to stop someone from using a similar name for a valid state corporation/[and/or] sue for damages? The names in question have in fact been confused by consumers and the services do "collide" in the market place. The first use in commerce of the TM predates the date of state incorporation. My sense is that the use of a validly incorporated state corporate name could be infringing under the Lanham Act due to the supremecy clause, and I think there was even a case on point about this in my law school trademark class, but it was too long ago to remember. : : : : Thanks. : : : Dear Ray Walsh, : : : If there is a likelihood of confusion between the registered mark, and the purpose for which is is registered and you have the prior right you can go against the trade name. : : : Damages have to be proven to get money. You may have to go to court to stop them if they are intransigent. In such case there may be a possibility of getting plaintiffs legal fees. That I would have to research. : : : 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 : : : : Dear Auslander, : : Glad to see you..this is a Patent & Trademark Attorney from India..wish to discuss more on the IPR issues..and wish to know some more information regarding IPR. If you are interested please reply and give me your e-mail chatting or give the chatting date on some site so that we can discuss some thing more. : : Thankyou : : Ramesh B Vishwanath, : Dear Mr. Vishwanath, : We hope we can be of help to 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

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