Q: We need your advice with a infringing trademark claim.
Loveyogabum has been accused of infringing on Yogabum Limited's Trademark by the owner ( no lawyers involved but he has threatened to go to court if we do not change our name ). We need an definitive answer to help solve this issue. We have changed our name already to suit him back in 2012 and we feel this claim is invalid. Please advise.
A: Only a litigation can resolve it definitely. No attorney can guaranty that the Loveyogabum owner will not sue you. Having said that, you should initiate the litigation by bring a declaratory judgement, in which you claim your noninfringement and let the court decide. By bring the lawsuit by yourself, you will have more control over where to file the suit, such as the state or the court more convenient to your appearance in the court. Your attorney may be able to access how much merit you have. Contact an trademark attorney permitted to practice the law in your state and seek his/her assistance.
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