Can you be sued for trademark violation if you are selling the same product? 8 Answers as of July 03, 2013

Someone is trying to harass me for trademark violation even though I'm not using their trademark on my product. We are the selling the same product but my product doesnt have any brand on it. Do they have a case with me?

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Yang & Wang, P.C.
Yang & Wang, P.C. | Tommy Wang
If you are not using a trademark, then you cannot be infringing on anyone else's trademark. From what you've told me so far, it does not seem like they have a case against you.
Answer Applies to: California
Replied: 11/18/2011
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Possibly under trade dress as a cause of action.
Answer Applies to: Oregon
Replied: 7/3/2013
DANIEL NESBITT
DANIEL NESBITT | Hasse & Nesbitt
It appears not to be trademark infringement, based on your facts. Trademarks are designation of the source of the goods, not the goods themselves. Perhaps some other issues are in play. You should consider review all the details with an IP attorney.
Answer Applies to: Ohio
Replied: 11/16/2011
Law Offices of Robert S. Smith
Law Offices of Robert S. Smith | Robert S. Smith
A more explicit definition of how someone is trying to harass you is necessary to fully understand the issues. Classic trademark infringement does require use of a trademark that is confusingly similar. Trademark rights arise under the common law, state law and the United State Lanham act. The Lanham Act http://en.wikipedia.org/wiki/Lanham_Act provides rights for unfair competition including Reputational harm confusion see http://tushnet.blogspot.com/2011/04/tm-scholars-roundtable.html See also http://itlaw.wikia.com/wiki/Section_43(a)_of_the_Lanham_Act
Answer Applies to: Connecticut
Replied: 11/16/2011
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
You have not provided sufficient information to permit me to answer. Even if you are not using your competitor's trademark, your product might violate other intellectual property rights owned by your competitor, such as trade dress, patent rights, design patents and possibly others. You say you are not using your competitor's trademark, but I bet you that your competitor has a basis for disagreeing with you. You should take this situation seriously, because if you are sued for infringement you will face a costly and difficult legal battle. Even if you win, you will need to be prepared to invest thousands of dollars in legal fees. Thus, you should IMMEDIATELY retain intellectual property counsel to advise you. Failure to do so, frankly, would be foolish.
Answer Applies to: New York
Replied: 11/16/2011
    Eclipse Group, LLP
    Eclipse Group, LLP | Travis Burch
    If you are using a mark or logo that is confusingly similar to their trademark, you might have some liability. You should share their cease and desist letter or their complaint with an attorney immediately.
    Answer Applies to: California
    Replied: 11/16/2011
    Rhema Law Group
    Rhema Law Group | John D. Tran
    Most likely no for trademark infringement but there is a cause of action for "Trade Dress" infringement which falls under trademark infringement but trade dress actually protects the overall impression of packaging and product design. It is highly advisable that when dealing with any infringement related issues to set up a meeting with a trademark infringement attorney to have them review your case and discuss your options.
    Answer Applies to: California
    Replied: 11/15/2011
    Tran & Associates | Bao Tran
    It is possible to have a trademark violation if your product emulates or comes very close to the shape of their mark. For example, if you do a peacock arrangement identical to the NBC peacock logo, you may be infringing on their mark even if you don't have the NBC text on your product.
    Answer Applies to: California
    Replied: 11/15/2011
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