Legal Question in Intellectual Property in Florida

Tradmark Infringement

I own a real estate company called Daytona Condo Store and Coldwell Banker has a license to use the trademarked name The Condo Store. Is Coldwell bankers mark a ''weak mark'' ? Their mark also states that they do not have exclusive use ''Condo'' apart from the mark

I have recently receive a ceaseand dsist letter from their attorney's. Do they have a legitimate argument or are they just bulling the competition?


Asked on 7/15/05, 3:15 pm

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Tradmark Infringement

The answer is that it depends. The question is whether either or both of you have registered trademarks. If both marks are registered, then it comes down to the first use in commerce. However, if your mark is not registered and theirs is, then you have a harder battle. The point of the answer is that this is not a simple matter that can be determined based on the information which you furnished. You should seek a competent intellectual property attorney who can help you sort this out. However, I would not ignore the letter. It needs an answer.

Good luck!

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Answered on 7/15/05, 4:04 pm


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