trademark infringement question

[wildfoodie]

I have an issue I wanted to ask for your help on. I started a new food tour business in San Diego a few months ago (let's call it 'Fun Foodie Tours') where I conduct food tours Mexico--and perhaps in San Diego down the road. However, I just received a cease and desist letter from a lawyer representing a food tour business in San Francisco that's been around since 2006 (let's call them 'Foodie Tours') claiming that my use of the words 'foodie' and 'tours' is an infringement on their recently-created trademark.

I was quite shocked as the words 'foodie' and 'tours' are generic and merely descriptive. Similarly, me and the other business operate in different markets they ONLY operate in San Francisco so there's not much likelihood for confusion. The letter did mention that my business is operating illegally as is since I've yet to file a business license or fictitious business name, something I will do in the near future. I don't feel as if I did anything wrong with using the name 'Fun Foodie Tours' as my business name. I'm not sure if I should submit to their requests to change my business and domain name or to somehow fight back. At the same time, I'm not sure I want to spend financial resources and time to take this to court should the matter escalate. Do you know if their case has any merit? What do you recommend that I do? Thank you for your help.

 

[quincy]

I have an issue I wanted to ask for your help on. I started a new food tour business in San Diego a few months ago (let's call it 'Fun Foodie Tours') where I conduct food tours Mexico--and perhaps in San Diego down the road. However, I just received a cease and desist letter from a lawyer representing a food tour business in San Francisco that's been around since 2006 (let's call them 'Foodie Tours') claiming that my use of the words 'foodie' and 'tours' is an infringement on their recently-created trademark.

I was quite shocked as the words 'foodie' and 'tours' are generic and merely descriptive. Similarly, me and the other business operate in different markets they ONLY operate in San Francisco so there's not much likelihood for confusion. The letter did mention that my business is operating illegally as is since I've yet to file a business license or fictitious business name, something I will do in the near future. I don't feel as if I did anything wrong with using the name 'Fun Foodie Tours' as my business name. I'm not sure if I should submit to their requests to change my business and domain name or to somehow fight back. At the same time, I'm not sure I want to spend financial resources and time to take this to court should the matter escalate. Do you know if their case has any merit? What do you recommend that I do? Thank you for your help.

I see two good reasons for you to seek out legal assistance in your area.

The first is the receipt by you of notice of infringement and the second is the operation of your business without proper licensing. You need to take both of these seriously or your life as a food tour operator will be short and you could be found owing a lot of money.

Similar names for businesses can be a problem when consumers are confused into thinking one business is the same as the other. When both businesses have an online presence, even when based in different areas, a trademark infringement suit becomes more likely.

I suggest you find an attorney in your area for a review of the infringement letter you received and go from there.

Good luck.