Q: Trademark Question, added details.
Let's say there is open source website named "Portal Diagram" which is diagramming tool, but "Diagram" is trademarked for computer software for diagramming tools by a big company. So, Portal Diagram is trademark infringement in this case? What could be the penalty if it's already publicized?
A:
Dear Mrs or Mr,
for the comprehensive answer I would need concrete examples, as there are various variables that can be taken into account when considering trademark similarity.
However I can actually say that if the trademark is part of another sign which is used in business, then it can be problem especially if both signs are used on similar goods/services segment.
Penalty can vary depending on the actions of the owner of the prior trademark. I can not say the exact "penalties" at the moment as the case situation is quite abstract.
If you have any further questions, contact me anytime.
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