Why are we being threatened for copyrights infringement? 4 Answers as of July 07, 2011We are a small company and our competitor is threatening to sue us for using their registered trademark. We sell Voltage Transformers and we used "VT-100" "VT-200" VT = Voltage Transformers as our model no. And he has registered VT as a trademark and stating we are not allowed to use it. Isn't this similar to BDP which all SONY, LG, Pioneer etc use as their model no. For BluRay DVD Players? Why are we not allowed to use it?
Intellectual Property Center, LLC | Ak Shaf
Great question. I would suggest contacting us or another attorney. The ability to enforce a trademark depends on a number of factors including whether the mark is registered. Depending on the threat, there may be somethings you can do to protect yourself. Feel free to call us, but in any event good luck.
Answer Applies to: Kansas
Mark S. Hubert PC | Mark Hubert
It is impossible to say with the information you have given me. I would have to see their actual trademark registration. I am assuming you mean trademark infringement (if your competitor has a registered trademark), not copyright infringement.
Answer Applies to: Oregon
Rhema Law Group | John D. Tran
It sounds like your matter involves trademark infringement rather than copyright infringement. An owner of a federal trademark registration possesses rights to stop others from using a mark that may cause a likelihood of confusion in the minds of consumers between the source of the particular marks. A determination of whether a likelihood of confusion exists between two marks involves analyzing many factors including the similarity of the marks and the relatedness of the goods. Certain trademarks like "Bluray" are owned by particular companies and other companies must recieve authorization or pay a license to use the mark. As with any infringement issues, you should consult with an attorney who specializes in intellectual property matters, in particular trademark infringement cases for your situation as soon as possible to properly advise you on your case.
Answer Applies to: California
Barton Barton & Plotkin | Maurice Ross
Your competitor had a valid registered trademark-VT. This not a model number. It is a trademark that consumers associate with your competitor. If you use VT you will confuse some consumers into believing that you are associated with your competitor. If there is a likelihood of consumer confusion then you are engaging in trademark infringement. You clearly must stop using VT or risk a law suit. BDP is not comparable. It is not a registered trademark associated with a single company.
Answer Applies to: New York