Some guy on Twitter claims I violated his trademark?
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12-17-2012, 02:55 PM
Post: #1
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Some guy on Twitter claims I violated his trademark?
How do I know he's telling the truth or if he's BSing me? Have a similar domain as him, but he didn't threaten to do anything. Can you check to see if he actually has a right to the claim, and can I do anything if he doesn't?
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12-17-2012, 03:03 PM
Post: #2
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Don't do anything until you hear from his lawyer...chances are he's just trying to scare you into giving up the domain. Stick to your guns and cross that legal bridge if it ever crosses your path.
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12-17-2012, 03:03 PM
Post: #3
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Determining if marks infringe can be tricky and each situation varies from another.
The general rules to keep in mind are: 1) Are the names similar in Sound, Appearance or Meaning? 2) Are the industries the same or similar to one another? 3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated? 4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places? Here's what the USPTO has to say about this matter: "The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are: the similarity of the marks; and the commercial relationship between the goods and/or services listed in the application. To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related." It's best to contact a private search company or a trademark attorney to assist you in determining if this will be a problem or not. Hope that helps! I wish you much success & happiness in all your ventures! http://www.uspto.gov http://www.uspto.gov/web/offices/tac/doc....htm#legal -- Link to above quote |
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