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[steveo225]

I am a web developer and about 10 years ago I made a little web script that I offer free of charge. Recently, a person has been harassing me because he owns a trademark with a similar name. I am going to give an example, but not the actual names to prevent more legal action. Essentially, this person has a trademark on the name "MyFiles" whereas I use the name "My Files" (with a space). I understand trademark as that is unique, but my name, with the space, is a common phrase and is, albeit only slightly, different. Also, my script is not commercially available, it is freeware, and I did not use the name to compete with this person, nor was I even aware of this person or software until I received a letter.

So, I have 2 questions:

1. Does he have any legitimate claims of trademark violation?
2. Is it even reasonable to trademark 2 words so common? I am asking because these words (phrase) can come up in casual conversation.

Thanks for your insight.

[OMG IP]

You can use just about anything these days (word, sound, color, scent, etc.) to indicate a source/origin of goods.

Thus, you can clearly use two words together to do the same thing, regardless of how common the words are.  Do "star" and "bucks" seem uncommon?

TM Infringment is based on the likelihood of confusion standard.  Rights associated with TM's are based on "first use".  If your use is prior to his use, you are probably o.k., but that's making a few assumptions.

[JSonnabend]

While John's advice is correct, it might be a bit confusing. 

Combinations of words are certainly protectable as trademarks, but the words have to function as trademarks to be afforded protection.  I understand that the OP gave a hypothetical mark in his post, the hypothetical, at least, may not be capable of trademark protection. 

The hypo is "my files" (with and without spaces) for computer software.  To the extent the software concerns computer files, the hypothetical mark is likely descriptive (at best).  I understand the real mark may not have this problem, but in case the hypothetical is similar, then this issue is relevant.

Also, a more simple point.  As a rule of thumb, changing word spacing, using single/plural forms, and adding descriptive words to a pre-existing mark will not usually avoid infringement.

- Jeff