Asked in Intellectual Property and Trademark

Q: Hi, If we acquired the Trademark Sensei Esports, could we face legal action from the owners of the trademark "Sensei"

1 Lawyer Answer
Andrew Zulieve Esq
Andrew Zulieve Esq
Answered
  • Trademarks Lawyer
  • Waldoboro, ME

A: It depends on several factors, the two most important of which are (1) similarity of marks, and (2) similarity of goods or services. Assuming that SENSEI ESPORTS and SENSEI are arguably similar, the issue is whether or not the goods or services provided by your company are sufficiently related to those provided the other company under the SENSEI mark such that consumers would expect to encounter your products or services and the other company's products or services under similar buying conditions. If they are, then you may have an infringement problem. In addition, a company has an affirmative legal obligation to not adopt a mark that infringes another's mark already in use in commerce. You should go discuss your proposed plan with an experienced trademark attorney.

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