Another band is using a name I trademarked how do I go from here?
So basically I've trademarked the name "BALDERDASH" in the U.S.A. under the international class code 041. There's another band from NY and one from MI who are both using the name "BALDERDASH". How to I pursue them not to use the name?
~ Montreal, Quebec, Canada
There are a variety of ways that you can enforce a trademark. The appropriate action will depend on a variety of factors.
Here are some:
- How much actual confusion is there in the marketplace?
- Who has been using the trademark longer, and, how has the trademark been used?
- Where is the trademark being used?
- What other relationships does the infringer have, for example, who is the record label?
- What budget is available?
- Is there import or export of confusing goods (records, t-shirts)?
Usually, you begin by investigating the circumstances and performing an analysis to understand what rights you have based on the facts that you can uncover.
Enforcement can take on a variety of forms, for example, sending a cease and desist letter, filing a lawsuit; pursuing an administrative action at the US Trademark Office (or US Customs, if appropriate); UDRP proceedings, and notification of third-parties of infringement.