Legal Question in Business Law in Virginia

Re: Trademark or Copyright

You may be able to claim a copyright on the clothing designs. As for the trademark on the name, it depends whether it's for the same or similar goods and, if so, whether you used the name in commerce before they either used it or filed an "intent to use" application. If you have first use for those goods, then you have the right to register and use the mark. As for the way you designed the name, if theirs is a design mark, you may be able to claim a different design mark for the same name; if theirs is a block letter mark, it covers all designs including that mark.

Re: Trademark or Copyright

Unfortunately the answer is "it depends." More information is needed to properly analyze whether you can still use the name: what type of goods and services are covered by the existing application? when is the claimed date of first use for both of you? what type of application is it? etc.

This analysis is very fact-specific so I would have to recommend that you engage the services of a knowledgeable trademark attorney to answer your questions in detail.

Sincerely,

Bernie Dietz

Re: Trademark or Copyright

Daniel and Bernard are both correct. There are various issues involved here, and you need to seek the assistance of a trademark attorney.

You should attempt to obtain a trademark registration for your company name. Depending upon when you first used the name and what type of application the other person filed, that might still be relatively easy.

Feel free to email or call me if I can be of assistance.

Re: Trademark or Copyright

There are many factors to consider. You may have rights to the mark regardless of the other person's registration based on your first use of the mark. I agree with Bernard and Andrew athat you need further counsel to walk you through the available options.

I am in the the Hampton Roads area. Feel free to contact me if I can help.