Legal Question in Business Law in California

Re: Copyright Infringement

If you never applied for a trademark on the name, and they did, you could lose and have to change your name; or you could get bogged down in expensive litigation; or you could settle with them. If the letter you received is from an attorney, use an attorney to respond to it.

Re: Copyright Infringement

So they think the two letters 'D1' are somehow all theirs, world-wide, eh? Nice try. If you want to enter into a contractual relationship with them because it would be profitable for you, do so from a position of knowledge, not ignorance or fear. I suggest you consult with counsel to have them negotiate and draft such documentation as needed. Feel free to contact me if serious about doing so.

Re: Copyright Infringement

Additionally, you could do some of your own research. Look at (AND print out) all the pages to the website:

http://www.d1sportstraining.com/

Look up whether they trademarked their name (and logo used on their website) and whether their intent is to go nationwide.

How were you contacted? By attorney letter, D1 Sports Training letter, or telephone? Do not assume anything -- e.g., that company may be younger than yours; even if they are seeking a trademark, maybe it has yet to be issued; etc.

You probably need to retain counsel, but as noted, things can get messy and expensive, so keep a watchful eye on legal expenses.

Re: Copyright Infringement

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The two names you mention are not very similar, except for the beginning two characters. You need to find out whether they have any rights to charcters "D1" and if they do, whether your use of the name in your industry would in any way infringe on their name. You should immediately consult your own attorney to protect your legal rights.

Re: Copyright Infringement

This is alleged TRADEMARK infringement (not copyright).

I spent a few minutes looking into this and collected some very useful information. As all of it is public record anyway, I will tell you here.

D1 Sports Training has sports/training facilities in AL, TN, and SC. D1 Sports Training of Nashville, LLC. is probably the entity in question. It is the owner of US Trademark Reg. 2,877,559 for "D1" (stylized) in class 41 (sports training services). The date of first use of the mark is 2003. There is a cancellation action pending against '559 mark. The cancellation action is filed by another corp (in IL) who filed a subsequent "D1" application for sports services, and who claims a first use date of 2002.

All of this means a whole lot to me, and it may sounds like a lot of nothing to you. THIS IS WHY YOU NEED TO HIRE A TRADEMARK ATTORNEY to assist you. At this point all you really need is to have a lawyer look into all the facts (more than what I did really quick), and have them respond to the letter in writing. After that, it's anyone's guess what will happen - it may go away, or it may require further action by an attorney.

Feel free to email me if you would like additional assistance in this matter. I have no conflict of interest with any of these corporations.

Regards,

Sarah