infringement against a trade name

Posted by Michael Shimokaji | May 13, 2014 | 0 Comments

Question: Can I prevent someone from using a tradename that infringes upon my trademark?

Applied to trademark for my clothing brand and have been using in interstate commerce since May 2011. My trademark is a misspelling of a word, let's say for example's sake, Kraft, which is plastered on all of my products. There is a clothing store named Craft, but it does not use the name on any of it's clothing, just the online store name. It appears that the store may have existed a few months prior to mine. Do I have any standing to argue infringement/dilution against a trade name?

Answer: It may be that the online store Craft is not using the name as a trademark, but only a company name. In that situation, there might not be any infringement. 

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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