Legal Question in Business Law in California

Re: trademarks

Some actions you can take:

(1) Go to the uspto.gov website and use the TESS search engine. You will be able to pull up a copy of the competitor's trademark registration so you can see exactly what they think you're infringing upon. This will also tell you when they first registered and whether your common law use of the term predates that registration. (2) Peruse the web in your field and get some examples of how the words "pump pack" are generically used in the description of insulin delivery devices. (3) Bring this information to an attorney who can efficiently draft a response letter to demonstrate that you understand the line between trademark infringement and free competition with generic descriptions. Together, you may also decide on additional strategies such as slightly changing the wording on your advertising that will minimize the potential of an expensive lawsuit. This is a situation where a little money up front is designed to save a lot of wasted money later.

Re: trademarks

They think it is and are pursuing it, so you have to respond and defend any lawsuit they may bring. Whether they are right and can enforce it will be determined either by agreement between the parties, or by the decision of a judge and jury. You need legal counsel to try to resolve this dispute, and to convince them not to pursue litigation. It may take as little as a 'response to threat' letter. Feel free to contact me if serious about getting that legal help. It doesn't sound like they have a strong position or case, but that doesn't mean they will back down. Get counsel.

Re: trademarks

It's really impossible for a lawyer with no opportunity to study the other guy's trademark situation, product, market penetration, etc. to advise you accurately. I would guess that in two cases out of three, the guy who's threatening you doesn't have a solid case. Among other things, the term "pump pack" sounds awfully generic, and one cannot claim trademark rights in everday English words and phrases. However, advising you one way or the other on so little information is way too risky.

Re: trademarks

As attorney Whipple said, 1) often there is no merit to the trademark claim underlying the threatening letter; 2) it would take much more information for an lawyer to figure out yor not you are or are not infringing the competitor's trademark; and 3) names that are merely "descriptive" are often invalid as trademarks.

If I were you I would hire a lawyer to write a letter (on the lawyer's letterhead) telling them to go pound sand.