Legal Question in Intellectual Property in California

First, I would worry at least a little about any letter a business receives that contains an order to stop doing something and seems to threaten legal action. Defending a suit is an expensive nuisance even if you win.

Next, you didn't mention a possibly important fact.....although you mention a similar font, you don't mention what the letters spell out. If one logo spells out LASHES and the other spells out SPA, that's a heck of a different matter than if they both spell out, for example, IRMA'S.

Generally speaking, a copyright is sufficiently different from a trademark that copyrighting some work that happens to include the alleged trademark doesn't create an enforceable property right in the alleged trademark. The spa operator would have to show that their logo is a protected trademark under trademark law. and since federal trademark law has pretty well supplanted common-law trademark rights, the supposed trademark would probably need to be registered, or in the registration process, with the USPTO. However, suit on an unregistered trademark is still possible.

Another strong defense would be the dissimilarity of the two businesses. Registered trademarks are assigned to the owner for a fairly narrow range of products or services. I would guess, without knowing, that eyelashes and spas are sufficiently different that a trademark on one could be used, without infringement, on the other. I often use the example that "Purple Passion" could at the same time be a trademark for paint, lipstick and wine, without a legal conflict, under separate grants to three different owners.

Nevertheless, if there is some accidental but real possibility of confusion, I'd recommend two things (1) show the marks to a trademark lawyer near you (not me) and get a preliminary opinion, and (2) tell the spa you've received their letter and are making an investigation.

As a Franchise Attorney I agree with most of the other attorney answer. Even if the Spa has not registered their trademark (or more likely, service mark) they still have common law rights dating back to their first use. The key issue is likelihood of confusion based on the similarity of the marks and the respective industries. Consult with a good trademark or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation