- April 12, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Received Email on Trademark Infringement
I recently received an email regarding “Trademark Infringement” from a company (law firm which represents company) that owns the trademark “Tradingme” (changed name) I am based in Latvia and have been running a project (website) called “Trademe” (changed name) for about seven months, generating modest revenue. I checked the company and the trademark in EUIPO – they are real.
The twist is that the company filled for “Tradingme” (changed name) trademark a month before my project’s launch (their trademark got approval for 6 months after my project launch), and they’ve accused me of trademark infringement. They’ve given me a 7-day deadline to change my trademark, which seems impractical, and threatened legal action if I don’t comply.
## Complicated Legal Situation and Lack of Response
Here’s where it gets tricky: the company doesn’t have any commercial product associated with their trademark (company which holds this trademark has commercial product in a completely different area). No website, no product, no social media presence. Assessing how I might be violating their property rights is challenging, as their trademark only covers a broad category that could apply to almost any project.
I’ve tried explaining my situation to them, but they seem uninterested and adamant about taking legal action.
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Trademarks when registered are normally registered for specific segments, industries or products. Is your activity covered by those industries it is registered for?
How big is the company and how much do you thinknit is worth it to them to sue you vs trying to come to a mutual agreement.
For example, currently I work for a quite big American multinational. We do have the funds to sue the shit out of everybody we want, but it is a huge distraction, so if we don’t expect bad intend and something doesn’t hurt us that much (or just isn’t worth it to us), we rather come to an agreement that everybody feels is fair and for which we don’t have to police for compliance.
At the beginning in my carreer I worked for a small company and we wanted to use a product name for which a large multinational already had a trademark in the same category of products, but for a very different market. I contacted the person responsible for trademarks in that company (that was remarkably easy), I explained our company and what we wanted to do and they agreed to set up an agreement allowing us to use the name for that product in that market. We had to pay the legal fees (a few hundred) and that wss it.
do you have a very large budget to fight it?
Whether or not the other company is actually using the trademark like they registered it, does not matter if there is no obligation to use it. I believe the time line you’re looking at for this is five years, based on your story they’ve only registered a few months ago.
You say “change my trademark”: do you have a trademark registration or application of your brand?