T
ThinkComp
Guest
In April of 1998, when I incorporated my company in the state of Ohio, I chose the name Think Computer Corporation. My lawyer did a trademark search which revealed that there was a Think Computer Evolution, Inc. in Colorado, but that company sent me a five-year license to use the name "Think Computer" free of charge. They claimed that my company otherwise infringed on their registered trademark of "Think Computer Evolution." I disagreed with them, but I let it go. The license prohibited me from applying for any sort of trademark, so I figured that I would wait until the company went out of business, or abandoned the name.
In July of 2001, another company called H. Co. in Irvine, CA began DBA as Think Computer Products. For several years, they had marketed their line of memory chips under the name Think! Memory, but now this applied to everything that they produced. At one point, I received a package addressed to them from an angry customer, along with two letters from the same customer. Recently, I have been getting increasing amounts of their mail and telephone calls. Consequently, I have proof of customer confusion in the marketplace in the form of their mail. To my knowledge, they have not been getting my mail or phone calls.
Then, in September of 2001, Think Computer Evolution, Inc. in Colorado abandoned its trademark. I did not know if their license was still legally binding since the wording was unclear, so I called the law firm that drafted it. The lawyer whose name was on the license apparently stopped working for them after 1998, so he had no idea, and would not tell me if it would even still be binding in the general case.
Meanwhile, H. Co. applied for a registered trademark on "Think Computer Products" in January of 2001, which is still pending. I filed my application for a registered trademark on "Think Computer" on Friday, unsure of whether or not it would be rejected since I did not file first.
I would like to call Think Computer Products to see if they might be willing to negotiate a deal to license the Think Computer name and logo from me, but I am not sure if it's a very good idea. I would have to be able to threaten legal action as the alternative, and yet I don't know who would actually have the advantage in court.
So, with all of that exposition now complete, can anyone tell me if I would have the advantage in a court of law?
Thank you very much.
Aaron Greenspan
President & CEO
Think Computer Corporation
http://www.thinkcomputer.com
In July of 2001, another company called H. Co. in Irvine, CA began DBA as Think Computer Products. For several years, they had marketed their line of memory chips under the name Think! Memory, but now this applied to everything that they produced. At one point, I received a package addressed to them from an angry customer, along with two letters from the same customer. Recently, I have been getting increasing amounts of their mail and telephone calls. Consequently, I have proof of customer confusion in the marketplace in the form of their mail. To my knowledge, they have not been getting my mail or phone calls.
Then, in September of 2001, Think Computer Evolution, Inc. in Colorado abandoned its trademark. I did not know if their license was still legally binding since the wording was unclear, so I called the law firm that drafted it. The lawyer whose name was on the license apparently stopped working for them after 1998, so he had no idea, and would not tell me if it would even still be binding in the general case.
Meanwhile, H. Co. applied for a registered trademark on "Think Computer Products" in January of 2001, which is still pending. I filed my application for a registered trademark on "Think Computer" on Friday, unsure of whether or not it would be rejected since I did not file first.
I would like to call Think Computer Products to see if they might be willing to negotiate a deal to license the Think Computer name and logo from me, but I am not sure if it's a very good idea. I would have to be able to threaten legal action as the alternative, and yet I don't know who would actually have the advantage in court.
So, with all of that exposition now complete, can anyone tell me if I would have the advantage in a court of law?
Thank you very much.
Aaron Greenspan
President & CEO
Think Computer Corporation
http://www.thinkcomputer.com