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Author Topic: Trademark Infringement Claim  (Read 550 times)

sanmo

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Trademark Infringement Claim
« on: 03-25-17 at 02:03 am »

I recently received an email from a woman who contends that the name of my company is too close to the name of her company and will cause confusion by her consumers. She wants me to cease and desist using my name. Her company mainly sells products with occasional educational seminars on topics related to the products that she sells. My company does not sell products to the public at all. It is a services company offering classes and private lessons to clients and students. We do offer workshops and seminars that relate to the services that we provide, more so for professional development and education for our clients and students. Our companies do not operate in the same geographical area and if fact, operate 3,000 miles away in different parts of the country. What is the likelihood that she has a valid claim that I am infringing on her trademarked name?
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MYK

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Re: Trademark Infringement Claim
« Reply #1 on: 03-25-17 at 11:57 am »

Are the names identical?  Whose company was first to use the trademark?  Have either of you registered the trademark federally?

If she hasn't registered, then her use-based rights only extend to the regions in which she has actively used the trademark for sales and marketing.  Further, if your educational services don't overlap, then you may be able to differentiate from her market.

If she's registered and predates you, then her rights are nationwide, and you would have to look at her categories-of-goods-and-services list to see whether there may be overlap.

Anyone can file a suit, and it can cost a significant amount of money if she pushes it hard.  However, unless she happens to be an attorney herself, she'll likely be spending money too.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

Raza-Associates

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Re: Trademark Infringement Claim
« Reply #2 on: 05-25-17 at 08:47 am »

If your business is not related then why not you go for a little change in your company's name to remove the confusion among consumers. This will be beneficial for both of the parties.
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