Legal Question in Intellectual Property in Pennsylvania

Hello, Tracy,

For a dispute such as this, your friend should promptly hire an attorney experienced in trademark matters to advise confidentially on his rights and possible liabilities.

Trademark law exists to prevent consumers from being confused between the source or sponsorship of different goods or services. It is a question of fact as to whether the trademarks as used by each business are likely to lead to such confusion. Where there is such a likelihood of confusion, the general principle is that the first company to adopt and use the trademark has the superior rights. However, the first user may be limited in the remedies available if it has waited unduly to assert those rights.

An attorney can also advise your friend on the most effective strategies to respond to such a demand, as there is often room to negotiate a way-of-life in the future that would be satisfactory to each party.

As a Franchise Attorney I agree with the the other attorney answer and add the following. Perry Ellis very likely has a federal registration, which gives presumptive rights in all states. If the other smaller company started after them, and operates in the same industry classification, they can be in real trouble. But consult with a good trademark 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