Legal Question in Intellectual Property in California

Re: Trademark Infridgement

The first thing you need to determine is which one of you began using the mark first. If the other party has a Federal Registration, you can search the PTO database and determine their date of first via a search of the PTO website. Next, are the goods identified by each mark the same or similar? As you can guess, this can become a little drwan out. Feel free to contact me if you'd like to discuss this matter further. I offer an intial consultation of 30 minutes for free.

Re: Trademark Infridgement

By "trademarked" do you mean (1) that your mark is federally registered with the United States Patent and Trademark Office; (2) registered with the state of California, or (3) that you claim senior use? Assuming you mean it is federally registered, as is the most frequent use of the term, you have rights over any same or similar use of the mark in connection with the same or similar types of goods as against any NON-PRIOR user(s). The standard for infringement is "likelihood of confusion" by the relevant consuming public of your goods as compared to the allegedly infringing goods. If the mark you claim is problematic is being used on a clothing line, you may have a valid legal claim if the other user did not acquire his/her rights prior to you. However, trademark law does not require registration (federally, state juridictionally, or otherwise) as a pre-requisite to attaining rights in a mark. While registration affords many benefits not enjoyed by common law trademark owners, the key to protection is first use. Your question omits many facts that are essential to providing you with a proper response and advice about your legal rights. You should seek a consultation with a qualified attorney to get a proper evaluation of any claim you may have in connection with your mark. Many attorneys will offer a free initial consultation to give you a better idea as to whether you have a valid claim that should be pursued.

If you would like any additional information regarding the above, please feel free to contact me.

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Re: Trademark Infridgement

As Mr. Lambert mentioned...You need to provide more information before we can advise. Is your mark registered, can you establish prior use before the infringing mark, can you show infringing mark is creating consumer confusion, can you establish that your mark has attained "secondary meaning" and infringed mark is diluting your mark? Feel free to contact me.

Re: Trademark Infringement

I would need more information in order to advise you as to a course of action. However, in order to preserve your rights under trademark law, you must police the mark. You should consult with a competent trademark attorney as soon as possible to avoid losing important rights.