Legal Question in Business Law in Texas
Hi. I have a softball team named “Texas Phoenix Softball” and received a cease and desist from “Phoenix Fastpitch Softball”. Our non profit was filed on 5/15/23 and their trademark was filed on 6/12/23. Do they have a legal leg to stand on for infringement because of the word “Phoenix”?
1 Answer from Attorneys
A simple search of the USPTO database shows well over 3000 records of marks using Phoenix in their name. So it is a saturated term. If you are both operating in the same area and they were there first then maybe.
It has to be more properly evauated. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
You can review our outstanding client reviews here: https://www.avvo.com/attorneys/10007-ny-frank-natoli-1791330.html#reviews.
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Kind regards,
Frank
Natoli-Legal, LLC
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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