Legal Question in Business Law in Ohio

Trade Mark or Patent infringement?

In the 70's and up to the mid 80's a company by the name of Ohm Acoustics produced a speaker based on the Lincoln Walsh principal. These speakers were called the Ohm Walsh F and Ohm Walsh A. the patent and liscense rights ended in 1994. Ohm no longer makes these or supports them in any way.

My question is this...

I buy old F and A units, I fully refurbish them and add some 30 improvements. In addition, I also build them from scratch, with the improvements. I am trying to market them under the name of ''Ohm Walsh F+ by D...H..... I chose this name to give credit where credit is due. Ohm is claiming that I am violating there trade mark and is demanding that I cease and desist or that they want a piece of the action. I wish to be politically and morally correct. Am I truly violating the law?

Many copies of the famous Mona Lisa are sold every day. They are still called the Mona Lisa. Many imitation Tiffeny Lamps are manufactured everyday. What is the differece here?

The product in question is still the product. It is what it is.

What can I do?

Thank you.

440-888-2163


Asked on 3/28/07, 3:04 pm

1 Answer from Attorneys
Shalem Shem-Tov The Shem-Tov Law Firm, Inc.

Re: Trade Mark or Patent infringement?

Trademark law is complex, and any answer you get on here (or any other board online) could only be very general. That being said, it seems from what you say that yes, you are probably infringing on Ohm's trademark. By calling your product "Ohm Walsh..." you are using the name of a product already produced by Ohm. What's more, you are using the name Ohm, which clearly belongs to Ohm. This name can create a confusion in the consumer, who may think he is actually buying an Ohm product. Even without this confusion, there is a possible argument that you are diluting Ohm's trademark. Trademark infringement based on confusion, and trademark dilution, are just two possible legal theories going for Ohm against you.

Again, this is just a general answer. You should really seek an attorney familiar with intellectual property law and discuss this further with him or her. Another suggestion would be to try and patent your improved speaker. You can then license the patent to Ohm or other speaker manufacturers.

Hope that helps somewhat. If you have any other questions feel free to contact me.

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Answered on 3/28/07, 8:30 pm


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