SFBayArea2005
Junior Member
What is the name of your state?What is the name of your state? California
However, our company was formed in Colorado. We've received a C&D letter from a jewelry company in Maryland that sells jewelry and has a trademark on the company name under the classification: Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes: jewelry, precious stones; horological and chronometric instruments. We've filed for a trademark registration for our name under a different classification for our products, which are ties, under the same name. The C&D letter states that we are guilty of: unfair competition under federal and state law, false designation of origin, false advertising and trademark infringement. Our position is that, while we have the same name, we sell different products, are located in different areas, and that it is unlikely that "ordinary purchasers buying with ordinary caution" will likely be confused. In addition, we conducted a own research and noticed that there are several companies existing across the country with this same name, each in different service/product sectors, including a dating service that has the same name and owns and operates it from a website of the same name. My question is, what is the likelihood of being able to defend against a C&D letter in a situation like this, when you are dealing with a product of a different classification? In addition, when we googled the name, several dozen options came up, none of which was this company in MD.
However, our company was formed in Colorado. We've received a C&D letter from a jewelry company in Maryland that sells jewelry and has a trademark on the company name under the classification: Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes: jewelry, precious stones; horological and chronometric instruments. We've filed for a trademark registration for our name under a different classification for our products, which are ties, under the same name. The C&D letter states that we are guilty of: unfair competition under federal and state law, false designation of origin, false advertising and trademark infringement. Our position is that, while we have the same name, we sell different products, are located in different areas, and that it is unlikely that "ordinary purchasers buying with ordinary caution" will likely be confused. In addition, we conducted a own research and noticed that there are several companies existing across the country with this same name, each in different service/product sectors, including a dating service that has the same name and owns and operates it from a website of the same name. My question is, what is the likelihood of being able to defend against a C&D letter in a situation like this, when you are dealing with a product of a different classification? In addition, when we googled the name, several dozen options came up, none of which was this company in MD.