Legal Question in Business Law in Florida

Product name conflict

We recently started our company Pyrogine Development and we develop and market a 2D game engine called pyroEngine SDK. This morning I just got an email from a Mr. Nils Haeck of SimDesign saying that they have a product called PyroGraphics which a graphics component. Our products is for the production of 2D games using DirectX. From what I can see on their website, their project (which is not trademark according to Mr. Heack) is not specific to game programming. His product has been around since 2005. We are small company with limited resources and to suddenly have to change the name now would not be good for us. I need advance on what to do about this.

If you google on ''pyroEngine'' you see us in lots of places. I do not see ''PyroGraphics'' or ''pyroEngine'' referenced to their website other than ''PyroGraphics'' used in their forms. I do not even see the product on front page of the website. I did a TM search and did not find a conflict is why we went ahead with the name.

From what I can gather, our products are both graphics related, but our product is specific for games and it is not component based.


Asked on 10/11/07, 9:40 am

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Product name conflict

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This question is far too complex to discuss on a forum such as this. You need to consult a qualified trademarks and copyrights attorney (which is a very specialized field). The attorney can review your documentation as well as that of the other company and help you make a determination as to a proper course of action to follow.

Scott R. Jay, Esq.

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Answered on 10/11/07, 10:27 am
Michael Stewart Michael D. Stewart

Re: Product name conflict

This is a fact specific inquiry as to whether you are infringing upon their rights. If not, you might also want to proceed with an application for your mark with the USPTO.

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Answered on 10/11/07, 11:17 am


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