Legal Question in Business Law in Michigan

Is it really trademark infringement?

I am organizing a convention, using the word SIMCON as the name. This is for players of a game called The Sims Online. Up until this point, I have worked closely with the creators of the game. The word ''SIM'' is an abreviation for Simulation.

Suddenly today I got a notice stating that I MUST change the name because SIMCON (short for Simulation Convention)supposedly infringes on their ''SIM'' trademark. I have already spent hundreds of dollars on this event, and will lose in excess of $30,000 if I have to change the name. I do not feel that I am infringing, because SIMCON is one word, rather than SIM CON, which clearly uses their trademarked word. Also, how could they claim to have ownership on any word in the english language that contains the letters ''SIM'' anywhere? ALso, how can they get away with just now telling me this after all the money I've invested?


Asked on 11/13/03, 9:07 pm

2 Answers from Attorneys
Elizabeth Schaefer SCHAEFER LAW FIRM

Re: Is it really trademark infringement?

Sorry about the late reply. If this is still an outstanding issue, consider hiring a trademark specialist like me to determine the strength of the game creator's claim, including the strength of their mark, what other third-party uses of SIM-formative marks are in the field, and whether they've acquiesced to your use. You may also be able to reach a business arrangement to resolve this issue.

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Answered on 12/23/03, 4:10 pm
Gary Weingarden Gary D. Weingarden

Re: Is it really trademark infringement?

This is a very complicated issue. If you stand to lose $30,000, you should consult with an attorney who specializes in Trademarks and get some thorough legal advice. From what you have said, the case could go either way.

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Answered on 11/14/03, 8:28 am


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