Trade Name Infringement

Posted by Michael Shimokaji | Apr 08, 2014 | 0 Comments

Question: Is there such thing as trade name infringement?

We have a registered trade name, but not a trademark. We applied for a trademark, but the request was disallowed because we haven't used any distinct marking on our products or packaging.

We've had the trade name registered within our state for years, as well as selling under this name (including owing the domain name and operating our site).

The problem is that we sell our products on Amazon, and people who sell similar products use our listings to sell their products. For example, we have a Amazon page for Brand X Widgets, and then they sell their products using the same listing (ie as Brand X Widgets).

Do we have legal recourse against the other seller (w/out it Amazon won't do anything) for trade name infringement (ie cease and desist)? If so, how do we find an atty for this?

Answer: We have experience with Amazon's product listing policies and would be happy to provide a consultation.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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