East Orange, NJ asked in Trademark for New Jersey

Q: Do they have any legal standing on the trademark infringement?

I received a letter regarding trademark infringement for a product that i have been selling for years with the same product name, i noticed that the trademark was filed recently although the company that sent the letter claims they have been using the name for years

Related Topics:
3 Lawyer Answers
Erik Špila
Erik Špila
Answered
  • Trademarks Lawyer
  • Senec, Slovakia

A: Dear Mr or Mrs,

the proper answer for you would depend on further information you would need to provide such as the content of the letter, segment of products, registered trademark goods/services and so on. Also some evidence of you selling the products with this trademark would also help you. Plainly speaking I would need all these details in order to fully answer your question. You can email me anytime.

Sergiy M Sivochek
Sergiy M Sivochek
Answered
  • Trademarks Lawyer
  • Los Angeles, CA

A: If you have been selling a product under this trademark for many years and without any prior conflicts with other trademark owners, there may be reasonable good defenses available to you (laches, etc.) If you can prove that you were actually first to start selling the products (before them), then it might be possible to turn the tables on them. But all these question are very fact specific and there are many unknown variables here that can change a lawyer's opinion significantly one way or another. You should contact an experienced trademark attorney and discuss your specific case.

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

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: An in person consultation and a complete review of all relevant documents needs to be reviewed. This is not going to be a free consultation. This matter is serious and cannot be ignored. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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.