QUESTION
Why are we being threatened for copyrights infringement?
Asked on Jul 01st, 2011 on Patents - California
More details to this question:
We 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?
2 ANSWERS
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.
Answered on Jul 05th, 2011 at 11:27 AM
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.
Answered on Jul 05th, 2011 at 10:49 AM