Trademark infringement

[Ryan254]

I have a trademark case against a software company based in the U.S. I am the first to use the name 2years ahead. As I officially used and registered in 2013 while this new company started use of name and similar logo design in 2015.I am currently bankrupt from my innovations due to research etc. I have difficulty hiring a lawyer. Can a cease and desist letter be enough to deter them and get an out of court settlement for damages.

 

[Zigner]

I have a trademark case against a software company based in the U.S. I am the first to use the name 2years ahead. As I officially used and registered in 2013 while this new company started use of name and similar logo design in 2015.I am currently bankrupt from my innovations due to research etc. I have difficulty hiring a lawyer. Can a cease and desist letter be enough to deter them and get an out of court settlement for damages.

I'm assuming that you are NOT in the US. I can assure you that a cease and desist will NOT get you any sort of settlement, and I really doubt that it would even force them to cease and desist. A cease and desist has no weight of law. It's pretty much just a letter saying "I believe you are infringing on my rights and I want you to stop."

 

[quincy]

I have a trademark case against a software company based in the U.S. I am the first to use the name 2years ahead. As I officially used and registered in 2013 while this new company started use of name and similar logo design in 2015.I am currently bankrupt from my innovations due to research etc. I have difficulty hiring a lawyer. Can a cease and desist letter be enough to deter them and get an out of court settlement for damages.

In what country do you reside?

Did you register your trademark in the U.S.? Has the U.S. software company registered the name with the USPTO? Has either company established international trademark rights by registering in other countries?

Trademarks can be shared and logos can be similar, especially by companies operating in different countries. There might be no infringement on rights if there is no geographic overlap and/or the goods or services being offered are in different classes.

The success of an infringement lawsuit generally requires a showing of consumer confusion, or the likelihood of confusion, as a result of the dual use of a mark. Damages awarded in a successful suit depends on demonstrated harm.

You can send a letter to the U.S. software company informing them of your registered mark and the date of use and registration. It is important to note that, in the US, it is the first to use a trademark in commerce who is the presumed owner of the mark. Registration is not required. This differs from trademark laws in other countries, where the first to register a mark is the owner.

If your letter does nothing to stop the infringement, you will need to file a lawsuit against the company. You will bring your action in a US federal court if the mark is federally registered or, if not federally registered, you can file your lawsuit in the company's state court. If the software company has a presence in your country, you can take legal action against the company there.

I recommend you have an IP attorney assist you. You first need to determine if the company's use of the same name actually infringes on your rights.

Good luck.