Am i at fault?

[MrEego]

What is the name of your state (only U.S. law)? Michigan

I have a Clothing Line Called EegoGenre Eego meaning (exceeding ever goal and obstacle).

I was presented with a threat of legal action by a clothing company called Eego Awethentics. Totally different logo and look. The First "E" is reversed as well in the logo name.

Am i at fault?

 

[Zigner]

What is the name of your state (only U.S. law)? Michigan

I have a Clothing Line Called EegoGenre Eego meaning (exceeding ever goal and obstacle).

I was presented with a threat of legal action by a clothing company called Eego Awethentics. Totally different logo and look. The First "E" is reversed as well in the logo name.

Am i at fault?

At fault for what?

 

[MrEego]

At fault for what?

Like does he have a case against me?

 

[quincy]

You may be infringing on the other company's trademark, yes.

 

[MrEego]

You may be infringing on the other company's trademark, yes.

Simply because of how its spelled? With 2 "e"s?

 

[quincy]

Simply because the other company has threatened you with legal action.

Trademark law centers on consumer confusion. If a consumer can mistake your Eego company for the other Eego company (which seems likely), the first company that used the Eego name in commerce can file a trademark infringement suit against the Eego company that came into existence later.

There are several factors that are looked at in trademark infringement suits. How these factors are weighed can show whether there is a likelihood of a lawsuit being filed against you and, if the likelihood is high, whether there is the likelihood of a lawsuit victory for the other Eego company. One factor that will be weighed in determining if a lawsuit makes sense will be if there have been any profits made by your company, or any losses suffered by the other company, that can be attributed to your use of "their" Eego trademark.

If both your company and the other company are operating in the U.S., my feeling is that the other company would not have too difficult a time proving infringement, if the other company has been in operation longer than your company. If the other Eego company federally registered the unique "Eego" name, they will be provided with the most protection offered a company under trademark law. With both Eego companies in the same business (clothing), a trademark infringement suit may become a realistic one to pursue.

You really should have all of the facts of your situation (for example, the dates both Eego's came into being) personally reviewed by an attorney in your area (preferably an IP attorney). Let the attorney see the letter you received from the other Eego company, and let the attorney go over your company's financial picture. Let him compare your business, your logo, your consumer base, your product to the other company. The attorney can advise you on how to respond to the letter after this personal review.

Good luck.

 

[MrEego]

Simply because the other company has threatened you with legal action.

Trademark law centers on consumer confusion. If a consumer can mistake your Eego company for the other Eego company (which seems likely), the first company that used the Eego name in commerce can file a trademark infringement suit against the Eego company that came into existence later.

There are several factors that are looked at in trademark infringement suits. How these factors are weighed can show whether there is a likelihood of a lawsuit being filed against you and, if the likelihood is high, whether there is the likelihood of a lawsuit victory for the other Eego company. One factor that will be weighed in determining if a lawsuit makes sense will be if there have been any profits made by your company, or any losses suffered by the other company, that can be attributed to your use of "their" Eego trademark.

If both your company and the other company are operating in the U.S., my feeling is that the other company would not have too difficult a time proving infringement, if the other company has been in operation longer than your company. If the other Eego company federally registered the unique "Eego" name, they will be provided with the most protection offered a company under trademark law. With both Eego companies in the same business (clothing), a trademark infringement suit may become a realistic one to pursue.

You really should have all of the facts of your situation (for example, the dates both Eego's came into being) personally reviewed by an attorney in your area (preferably an IP attorney). Let the attorney see the letter you received from the other Eego company, and let the attorney go over your company's financial picture. Let him compare your business, your logo, your consumer base, your product to the other company. The attorney can advise you on how to respond to the letter after this personal review.

Good luck.

The other company hasn't been active for 2 years. I'm currently ACTIVE. They were registered in 2008, i registered in 2009..

 

[LdiJ]

The other company hasn't been active for 2 years. I'm currently ACTIVE. They were registered in 2008, i registered in 2009..

The fact that they are not an active company would certainly be a defense against a trademark claim, if your first E isn't reversed and their's is, that would be another. Completely different logos plus the second part of the name being completely different would also matter. The more problematic aspect is that you are both in the clothing industry. It really depends on how much money you are willing to spend to fight a trademark infringement case. The last one I was involved in, and won, cost the company I worked for 20k in legal fees...however, we were doing a couple million in sales so the 20k was worth it.

 

[quincy]

Mr.Eego, I understand that you have an official launch of your clothing company coming up this month. I imagine it has been the attending publicity surrounding this launch that brought your company to Eego Awethentics attention.

I am afraid that, with Awethentics having registered their company in 2008, a year before you registered yours, and with their inactivity dating back only two years, you may find that Awethentics has legitimate rights to the trademark and could prevent you from using the name EegoGenre. A mark is not presumed "abandoned" until there has been three years of inactivity. Even then, the original registrant can assert rights if they can show their non-use of the mark in commerce was intended as a temporary non-use only (for example, for a restructuring of their company).

In addition, you may have real difficulty defending the mark as your own, since "Eego" is an invented name which, under trademark law, makes it a strong mark.

Because you have already been notified by Awethentics of possible legal action, and because you have an important date coming up for your company, I strongly suggest you consult with an IP attorney soon. It is possible, if the market for Awethentics has not yet expanded into the Detroit area (or if it is a foreign company), you may be able to retain rights to the name for the Detroit or Michigan market but be limited in its use elsewhere.

It really depends on a thorough and personal review of all of the facts by an attorney in your area, though. This forum cannot do the necessary personal review.

I do wish you much success, Mr.Eego, not only with this trademark issue, but also with your company. Michigan needs good new businesses and yours seems to fit this need well.