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[Dominic Son]

Hello. This has never happened to me before,
I had trademarked 'Grapefruit theory' (hypothetical name), a name for my website that would compare different grapefruits and rate them!

I got an overnight from fedex today from a company that says "THEORY" is trademarked, sells clothes and leather, and claims my trademark is 'indistinguishable from theirs'.

This seems trivial enough for me to handle myself (well, with anyone's guidance here too) and plus I'm in bookstrap mode for this solo venture.


Is it enough to reply telling them:

- not to worry
- suggest them to to review the trademark
- our industries (completely different obviously) and also,
- that mine is entirely Internet based?


I will be grateful for replies.

newbie
-Dominic

[Lyza]

If your goods and/or services are being used in entirely different industries or channels of trade, they probably don't have a case but you need to talk to an attorney.  A reply letter would also have more clout if it came on attorney letterhead.  See if you can locate someone who can help you for a flat fee.  Good luck.

Lyza

[Dominic Son]

Ok. Simple enough. Thanks

[JSonnabend]

To add to Lyza's post, from your hypothetical it also sounds like the marks may not, in fact, be "indistinguishable" from one another (nor confusingly similar).

I agree that letters from attorneys often carry more clout.  I routinely handle matters such as yours at rates affordable to start-ups, as do others here, I believe.

- Jeff