Legal Question in Business Law in California

These are not easy cases. You will have to attempt to prove in a court of law that your names are not likely to causes confusion in the public of the brand name. It takes a lot of time and money to the attorney to research and respond to these cases and typically the clients that spends the most money will squash the little guy.

A trademark does not have to be registered with the USPTO to be enforceable. It must merely be first in use, and as Mr. Marman notes, there must be enough similarity for there to be a likelihood of confusion, or a likelihood of dilution of the mark. I note you are in the 707 area code. I have offices in Walnut Creek and Sacramento. I have some background in trademark, and have colleagues I can consult or refer you to who are experts in the field. If you would like to make an appointment to go over the details and discuss the options you may have, please contact me by phone or email via my profile on LawGuru.

A search of the USPTO's "TESS" (Trademark Electronic Search System) database reveals 60 hits for registrations or pending registrations that are, or contain, the words "Power Partners" or minor variations thereof such as "Power Partner." All trademark registrations must include not only the name itself, but also the category of goods or services covered. This makes it possible to register a name such as "Violent Violet" for a paint color, and another company to register it for lipstick, a third to use it for zinfandel, and a fourth for flower seeds.

Of the 60 "hits" on TESS, well over half are "dead," meaning expired, or rejected applications, or for some reason not valid registered trademarks any more.

The party that contacted you may be among the registrants, etc. in this list of 60. You should go back on TESS and call up the list, then go behind each of the "live" registrations to see who they are and what business they are in, or what product or service is covered by their trademark.

I'm certainly not going to advise you to tell anyone who is threatening you with a lawsuit to go fly a kite, but if the party's product or service has nothing to do with your business, you can so advise them and state that the likelihood of confusion is nearly zero.

Yes, but it would require some attorney time. I would ask for their trademark documentation, look up their trademark, and verify their claim. A trademark like "PowerPartners" has limits. Are you both in the same field? If they do something completely different, ex: non-networking related, it weakens their case.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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