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[surfbert]

I have a small company.  A large company in my same industry has sent me a Cease and Desist letter stating that they think my business slogan is confusingly similar to a slogan that they have trademarked.  I don't think the two are confusingly similar.  In fact, the two slogans don't use any of the same words.  I have spent quite a bit of money on signage, publicity, etc. and like what I have.  I also know of tens of other businesses that have  slogans that appear to be much more similar and have been in business for longer than me.

My questions are:

-- What is the minimum I could expect to pay if I got a lawyer involved to fight this?  

-- If the large company (which will have deeper pockets) decides to take this to the next level after receiving a letter saying that we intend to fight, how much money should we expect to need to fight this?

-- Currently this large company does not operate in my state, so I cannot see that there is any significant harm that I could be currently causing them.  Will this fact influence the maximum damages they can extract from me if I do not cease within 10 days as they insist?

-- Are there any law firms that have credibility (that my little business doesn't have) that can take a case on a success fee basis?  

Basically what I'm asking is how can I most quickly and cheaply assess whether the cards are stacked so far against me that if I'm known to be a small firm in this type of situation, my only option is pay the price of changing my business name regardless of how good anyone thinks my case is.

[Isaac]

What you need is a well research opinion concerning your rights
to the trademark.  Without that there is no way to predict whether
it's worth your time and money to keep your trademark.

[surfbert]

What would be a reasonable fee for such a well-researched opinion?  Should I expect that this would be in the hundreds of dollars or in the thousands of dollars for example?

To clarify, our company does not have a registered trademark on our slogan.  The large company that sent the Cease and Desist order has a registered trademark on their slogan.  We do not believe that ours could be confused with theirs because it is so dissimilar.

[JSonnabend]

I rarely disagree outright with Isaac, but I think this is one of those times.  Specifically, what kind of research would one do?  Short of a market survey, I can't think of any substantive research that would be relevant.

Instead, I think a qualified TM attorney can review the two marks (yours and theirs) and assess the merits of the case in broad terms (by applying the Polaroid factors, etc.).  I routinely counsel clients on C&D matters, on both the sending and receiving sides.  Fees run at about two to three hours of work for an initial review and counselling, and a response usually may be drafted in that same time.  

Often, the response letter is the end of the matter.  Other times, there is some jostling between the sides before a settlement is reached.  Rarely do these things end up in full blown litigation.

My current rate is $185/hour, so that might help you understand the potential costs involved.

- Jeff

[Isaac]

Not market research, but some look into the facts of the specific case, including any use the history behind the logo and an identification of any specific law that might apply.

Not an expensive proposition, but I could not guarantee that I could provide a complete answer during an initial consultation without doing homework.