Legal Question in Intellectual Property in California
Magazine Is Claiming Trademark Infringement On My Part....
Greetings,
I received a certified letter yesterday from the legal counsel for a well-known national modern home design magazine, claiming that by using their one word name, as part of my company name (''their name-blank-blank''), and by owning the domain for this name...and by having a similar typeface for my company name (streamlined, all lower case), I am infringing upon their trademark and must cease and desist immediately.
They are a modern home design magazine with a one word name. I am a garden design/curbside appeal company, with a three word name. Their logo is a word. Mine is a graphic element, along with my name. The only similarity between us is that indeed, our typeface for our company names is quite similar, but it is certainly not identical.
Is there any validity to their claim? Is there anything I can do? Do I have to take any action at this time?
Thank you very much for your input!
1 Answer from Attorneys
Re: Magazine Is Claiming Trademark Infringement On My Part....
Your argument depends on the scope of their registered trademark and the similarity of your mark to their logo (the measure is whether there would be a likelihood of confusing your mark with theirs).
You need to at least obtain a legal consultation for this matter.
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