Legal Question in Intellectual Property in Arizona
Concerns about Trademark cease and desist request
Today I received a cease and desist letter from a company that has trademarked the name ''Skin Store''. My company's name is ''The Original Skin Store''. I have been using the name since 2000 as a seller on ebay, and in the last 4 years on my own internet site and I own the domain. They registered the name in 2000. I did not trademark the name because I thought it was ''generic'', but evidently not. We sell the same type of item, though I sell only my own product line that I developed under The Original Skin Store Name. So, now that I sound totally defensive (!) my questions are as follows:
1. Does the name ''The Original Skin Store'' infringe on the trademark ''Skin Store''?
2. What are the rules regarding generic terms as trademarked names?
3. If I am hosed, how can I make sure the next name I pick is not going to conflict with someone else's name? I looked my name up in TESS at the US Govnt site, and it came up with nothing, I thought I was doing the right thing. I never intended to infringe, this was not deliberate, but I have spent 8 years developing my product line under this name, and I am devestated that I am going to have to change it all. Any help or advice you can give would be greatly appreciated. Thank you.
1 Answer from Attorneys
Re: Concerns about Trademark cease and desist request
When someone receives a letter from an attorney, or from an individual or organization, claiming infringement of any legal right (we'll refer to these letter-senders as "rights holders"), the natural responses may include anger, become upset, and confusion. When the letter demands that the recipient "cease and desist" from some activity, or otherwise risk being sued, the natural response is likely to include intimidation as well.
Cease and desist letters can be used to assert any sort of legal right, and are often used for copyright, trademark, and related "IP" claims. People may think they have been sued when they receive a cease and desist letter. This isn't the case. The letter may threaten a lawsuit, but it is not the same as a complaint that is filed when an actual lawsuit begins.
You very well may have a valid defense against their claims of infringement. Such as prior use. If you wish to discuss this case you can contact our firm.
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