Legal Question in Intellectual Property in Illinois

As a Franchise Attorney I can say this about your trademark dispute. Do you really think this is something that can be answered off-the-cuff on a bulletin board like this? If you don, I've got a bridge in San Francisco to sell you. Trademark mark is very complex and requires a full review of (a) the letter; (b) the respective rights and protective actions (registrations) of the parties; and (c) all surrounding facts and circumstances. Consult with a good intellectual property 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

February 1? Don't you mean March 1? If Feb, why on earth are you just now doing something about a serious threat like that? This is a bogus threat from TDC, but unless you get a good trademark attorney on your side of this dispute, you are going to get steamrolled by TDC. TDC is understandably trying to establish themselves as owning the genetic phrase "dirty minds", since they chose that for part of the name of their game app. They cannot win this if you get really good help, but will win it you don't. I can defend this for you, and I am a trademark expert and Illinois attorney. Google me if you have any doubt. If you try to fight TDC alone on the cheap you are going to get clobbered, as this mark is obviously something of importance to TDC. They have a registration and are probably prepared to spend what it takes to protect it if they think that they can overwhelm you. I think they will sue you if you don't get legal help that they respect. This free website is not the place or way to defend this. In fact, if they learn of your post here, you have seriously hurt yourself and your case. Lawguru posts need to avoid specifics like the exact trademark involved as a Google search will likely pull up your post and alert TDC to the obvious fact that you don't even know the difference between a copyright and a trademark. Lawguru should be, for you, only a way to find the expert help you need. YOU NEED A LAWYER, ASAP! Call me at 618-462-3450 for a free confidential consultation. If you don't want top notch help like me I can refer to some cheap help, but you will get what you pay for, and probably not enough to win this dispute. If you are too cheap to hire a good lawyer, you should give up now.

Lesson to be learned here: Don't give specifics when posting to free legal advice websites, as your opponents may be watching and learn that you are scared by aggressive bluffs or that you don't know the law,or both!

Trivial Development Corporation dba TDC Games, Inc. is listed in the records of the United States Patent and Trademark Office as the owner of U.S. Trademark Registration #3,536,564 for DIRTY MINDS THE GAME OF NAUGHTY CLUES for a board game sold since 1990 and currently available on Amazon.com. See http://www.amazon.com/Dirty-Minds-Deluxe-Board-Game/dp/B001A0ESDE If your app is in the nature of a game or test of skill, as both the name of TDC's game and your app are similar, TDC may have a valid claim. GAME would be generic term for a game, DIRTY MINDS would not be.

Before a lawyer could advise you as to how to proceed he or she would need to see the letter from TDC's lawyers and learn more about your app. He or she could then advise you whether you have any options that would allow you to continue selling your app.