Legal Question in Intellectual Property in Connecticut

trademark infringement

I received and e-mail regarding trademark infringement. An online seller uses the phrase ''passion for plus size fashion'' apprently with the TM pending. I am also an online seller and have the pharse ''share our passion for plus size curvy girl fashion'' there is no TM pending on my phrase. I am infringing on her TM? I have been ''ordered'' by whomever repsresents her to remove the phrase from my web site. I really don't see how the 2 different phrases could be confused with one another. I also do not see how my phrase has taken away from her business. Thanks for any input you can give.


Asked on 5/11/06, 11:09 pm

1 Answer from Attorneys
Justin Lampel Lampel & Associates, P.C.

Re: trademark infringement

i would tell their attorney that you do not feel there is any likelihood of confusion and that you will wait another 5 months to see the first office action from the USPTO to see if their mark is allowed....(i highly doubt their mark will be allowed) -feel free to contact me, justin lampel

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Answered on 5/11/06, 11:53 pm


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