Columbus, OH asked in Trademark for Ohio

Q: The cease and dissist letter stated, since we are using the word Eden in our name they want us to abandon our trademark.

The cease and dissist letter stated, since we are using the word Eden in our name they want us to abandon our trademark, or they will take legal action. As I have stated, we Trademarked the name back to Edens herbs shop and theirs is Edens food. Is this legal?

Related Topics:
1 Lawyer Answer
Sergiy M Sivochek
Sergiy M Sivochek
  • Trademarks Lawyer
  • Los Angeles, CA

A: Unfortunately, it is not possible to provide a meaningful answer to this question without having much more information. Generally speaking, goods/services do not have to be the same for a trademark infringement to occur so if that herbs shop sells edible herbs, that may be a problem. But the question indicates you "trademarked" your brand, so that raises a question of who has priority and who is the senior user. There are multiple other questions that will need to be asked and answered before any legitimate trademark attorney can provide any meaningful guidance in this case. But cease and desist letters must be taken very seriously. You should contact an experienced trademark attorney and discuss your specific case in details.

This answer was provided for general educational purposes only. It is not legal advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.