Trademark Infringement in Different Geographical Areas

Posted by Michael Shimokaji | Jul 29, 2014 | 0 Comments

Question: Does this business have grounds to sue me on trademark infringement?

I began a dog training business in California 1 year ago called K-9 Faux Paws.

I was notified by and individual in Florida stating that I was infringing on their trademark which they registered 8 years ago. They are asking that I cease and desist and are threatening monetary damages if I don't comply by Friday. The name they registered is FauxPaws. I did a trademark search when I began my business but only searched for my exact name K-9 FauxPaws. Does she have grounds to sue me?

Answer: There could be various reasons why you cannot be sued, including the fact that there is no likelihood of confusion between the two marks since you might compete in geographically distinct markets.

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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