Legal Question in Business Law in Texas
Trade Name
I am being asked by Intel Corp. to change my Inc. name from Med-Intel, Inc to something else. This is after 6 years in business. My question is if it gets to court is there a statutes of limitation rule on their filing? I know there is not on the Federal level but they usually favor what the states require?
3 Answers from Attorneys
Re: Trade Name
No statute of limitations bars a trademark infringement matter. Laches may apply, however. Generally, infringement is determined on whether consumers in the relevant market are likely to be confused by the defendant's mark, considering the parties' marks and their uses. But a "famous" mark can be accorded broader protection.
I am a trademark specialist in my 10th year of practice. In my career, I have had opportunity to converse with in-house and outside trademark counsel for Intel. All such folks seemed very reasonable.
If you'd like to discuss this matter further with me, please let me know.
Re: Trade Name
There is no doubt that the computer chip maker Intel has perfected its rights to its name. The real question is whether your company name which is so similar the computer chip Intel so as to confuse the public about your company and the computer chip Intel. My opinion is that there is enough difference that there is no liklihood of any such confusion. If the name has value to you, you should contact an intellectual property lawyer (who also are ordinarily patent lawyers).
Re: Trade Name
There isn't any statute of limitations on a trademark/tradename infringement, although the equitable doctrine of laches (you waited too long, and I changed my position based upon your lack of action) may come into play.
Contact an intellectual property lawyer that handles trademark litigation. Look under "Patents" in the Yellow Pages, not under "Attorneys".
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