Legal Question in Intellectual Property in Florida

Trademark Infringement

I produce a regional television series in the State of Florida. Trademark for the show, and its logo, where applied for in July 2004 when it was first used, and registration completed in Oct. 2005 for the state of Fl. My Trademark description states exactly what it is for.

Another Production company out of State, and a very large International broadcasting company have created a show with a similar name and logo (very similar,) and the series is exactly the same. Their Trademark (name only) was filed after mine, but nationwide. Their series will not be airing until April of 2006. After contacting sponsors for the this year, many have mistaken the two shows, even though mine has a one year head start. I am a small producer, selling my own show; they have huge advertising and PR firms. I cannot do much on a national level. But am I able to stop them from airing the series in the State of Florida? I have had an Attorney send them a letter, and I have not had a response in 45 days, as they keep promoting the series. Is there anything I can do? It is very intimidating having to compete with such a large corporation. I do not care that they have a series like mine, but using a similar name and logo can really affect my brand.


Asked on 2/19/06, 12:11 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Trademark Infringement

Lots of options available to you as your use antedates that of the second user. Specific advice would depend upon facts not in your query, such as (i) have you sold any advertising to out-of-state sponsors, or distributed your film anywhere outside of Florida? (ii) when the other company filed its application, as you might be able to oppose it at the USPTO....

Depending upon the facts and scope of use, you may be able to enjoin use of your trademark by this other company, and a letter from a lawyer with the requisite subject matter expertise may do the trick.

I can provide you with referral to FL counsel if you like.

Best wishes,

LDWG

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Answered on 2/20/06, 10:23 am


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