We were previously involved in an infringement lawsuit when we unknowingly used red end on the product we are selling. We did not know that somebody registered the color for a similar product.
If we just write a letter to the owner of the trademark (red on the product is protected by a trademark) that we are selling a similar product with orange color (application for trademark still pending). Will we have anything to lose by doing this?
The material is a popular one in the industry and there is no likeliness of confusion with people in the industry/business. Will we be punished for trying to protect our product by using a different color than that used by a more established competitor?