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JesseCF

Member Since 14 Jul 2009
Offline Last Active Jan 05 2014 06:25 AM

#5118628 Self Defense of a Trademark

Posted by JesseCF on 21 December 2013 - 03:28 PM

Frob, 

 

Thanks for the advice  - like Brian said, it was spectacular and spot on. I did end up speaking with a lawyer to get some general information. Contacting directly seems unlikely to have any legal fallout. Your suggestions about tone and content of the initial e-mail were very helpful - I appreciate it. 




#5117190 Self Defense of a Trademark

Posted by JesseCF on 15 December 2013 - 04:47 PM

Servant, 

 

From what I know of trademark law from self-research, your statement is not factually correct, at least in the US. Trademarks do not need to be registered in the US in order to receive common law protection. It is the person who uses the trademark first (through product or service sale, for marketing, etc.) that is considered the owner. Registered at the State and Federal level provides "proof" of ownership; though that too can be contested if someone has held the mark for longer but not registered it. 




#5117176 Self Defense of a Trademark

Posted by JesseCF on 15 December 2013 - 03:46 PM

 

It is an indie dev. intent on releasing applications to the mobile stores (Windows 8 store, etc. Which I am already published on). No indication if the developer is intent on releasing video games specifically.


Then there is certainly room for confusion there, and you do need to consult an attorney.

 

 

As the original post states, I do not have the funding to be throwing money into legal help right now. I am going to contact the individual myself, but I want to know if there are any obvious legal problems with doing so. 




#5117172 Self Defense of a Trademark

Posted by JesseCF on 15 December 2013 - 03:01 PM

It is an indie dev. intent on releasing applications to the mobile stores (Windows 8 store, etc. Which I am already published on). No indication if the developer is intent on releasing video games specifically. 

 

Regards, 

Jesse




#5117155 Self Defense of a Trademark

Posted by JesseCF on 15 December 2013 - 01:58 PM

Hey all, 

 

Has anyone dealt with another company or individual infringing on their trademark (specifically, company or product name) before?

Someone has started directly infringing on the trademark I have for my company name. As an indie I don't really want to be spending my funds on legal action. I don't have any reason to believe this person is acting maliciously - has anyone had any luck just e-mailing a person and requesting that they stop using your trademark? Are there legal repercussions to doing this down the road?

Any help would be appreciated. In your response please let me know if you are a lawyer, a dev who has dealt with this kind of issue before, or otherwise. That way I can understand the context of your answer. 

-Jesse




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