Could a legal action on past trademark infringement be valid?

[melwong]

My friend's company did a fantasy football (soccer) game for a client in 2010/11 and used the title Fantasy Football in the game. Apparently they didn't know the name Fantasy Football is trademarked (http://awesomescreenshot.com/087972217).

Now, 2 years after the website game has ended, they received a legal letter from a lawyer representing the trademark owner, asking for compensation.

My question is, since the game only run from 2010-11, could my friend get sued by getting the letter in 2012? Apparently, the website is still around but there's no active game running

 

[justalayman]

what you are basically asking is:

If I break a law and don't get caught at the time, does that mean I got away with it

the answer is: sometimes. The statute of limitations would come into play.


and 2 years? You said they ran the site 2010/2011. This is only 2012 so that was less than 2 years ago and depending on all of the facts, could be less than a year.

Apparently, the website is still around but there's no active game running

are you talking about your clients site? If so, that is still actively using the trademarked name illegally.

My question is, since the game only run from 2010-11, could my friend get sued by getting the letter in 2012?

read the answer just above this one.

I do not know the statute of limitations on a trademark infringement suit but I suspect no less than a year and could be several years. It's really irrelevant though since your client is still actively using the mark.