Legal Question in Business Law in California

Re: Received C&D for trademark infringement

There are really two issues here: (1) whether you will get sued and have to defend; and (2) if you are sued and defend, would you win?

I think the answer to the first issue is somewhat dependent upon the answer to the second. If there is really infringement, suit is more likely; if your companies are in such different businesses that there is no likelihood of confusion, you would be more likely to win and thus less likely to be sued in the first place.

I lookd at SilkRoad, Inc's. Web site and have a pretty good idea what territory they have staked out. I have no idea what business you are in. If it is similar, you are in trouble. If you are in the textiles business or something unrelated, you are relatively but not 100% safe.

As Mr. Nelson suggests, you should have an Intellectual Property lawyer review the coverage (products and services) of the other firm's trademark and write an appropriate response to the cease-and-desist letter. Part of the cease-and-desist letter game is being good at bluffing. You never can be sure about the other guy's degree of resolve, but if you write your own response rather than using an attorney, you'll come off as having a weak hand.

Re: Received C&D for trademark infringement

Your question is?

You are now in lawsuit territory, with any one of the participants capable of filing and causing substantial fees and costs to the others. You should get competent counsel, and soon, to help you.