Q: I just trademarked my business name and I recived a cease and dissise letter tell us to change our name.
Their name isn't I just trademarked my business name and I recived a cease and dissise letter tell us to change our name or we will get sued. Our name is back to Eden Herb Shop and their name is Eden food. They are not trademarked. Is this trademark Infringement? Can they sue us
A:
Dear Mr or Mrs,
at first I would like to say - this situation is quite common and it surely has its solution, so you do not need to panic or be stressed about that.
In modern world you can basically sue anyone for anything, however, your success rate depends not only on good lawyer/lawyers, but on the strength of your claim. So if their claim has zero chance to be successful, then they will most probably not win it.
About the presented case - It seems like the only common word in both compared names is the word "Eden" which is basic word used as synonym for paradise. So in my first look opinion I would say there is no trademark infringement at the moment in this case. However to give you more specific and more precise answer (so you can be 99,9% sure) I would need more details from you like the content of their letter, their prior rights, your and their segment and so on.
Contact me anytime if you need any further advice.
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