Trademark Conflict Guidance

Summary

If you have been using your brand name in Texas before Dueminuti, INCs trademark registration, Texas common law may favor you. This is known as priority of use. However, you should consult with a local attorney to understand the specifics.

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I hope this message finds you well. I am writing to seek your legal advice regarding a potential trademark conflict that may impact my business. I am the owner of Z & A Kitchen Eateries, LLC, operating under the DBA Due Cucine Mediterranee in the state of Texas since May *. We are a woman minority-owned business specializing in authentic Neapolitan pizza and Middle Eastern pies. We are currently in the process of opening our first location. Recently, we have become aware that a company named Dueminuti, INC, based in Seattle, Washington, and operating under the DBA Dué Cucina, has registered a trademark (Reg. No. *) on April *, *, and plans to expand its operations to the state of Texas. Their business focuses on making pasta and noodles, which, while not identical, is somewhat related to our Mediterranean cuisine. Given this situation, I would like to understand the potential implications for my business and brand. Specifically, I seek your advice on the following points: *. **Trademark Conflict**: How does the trademark registration of Dué Cucina by Dueminuti, INC, impact our ability to continue using the name Due Cucine Mediterranee in Texas? *. **Brand Confusion**: What legal considerations should we be aware of concerning potential brand confusion between our businesses? *. **Rights and Protection**: What rights do we have to protect our established brand in Texas, and what steps can we take to safeguard our business? *. **Operational Legality**: Can we legally continue to operate under the name Due Cucine Mediterranee without infringing on their trademark? *. **Possible Remedies**: What are our options if a conflict arises, and is there a possibility of negotiating a coexistence agreement or any form of compensation for rebranding if necessary? We value our brand identity and have invested significant resources into building Due Cucine Mediterranee. Any disruption caused by this potential conflict could have substantial repercussions on our business. Therefore, we are eager to understand our legal standing and the best course of action to ensure our continued operation and success. Thank you for your attention to this matter. I look forward to your expert guidance.
Hello ****,
I understand your concern. Here are some general legal points to consider:
*. **Trademark Conflict**: If Dueminuti, INC's trademark is registered and considered "famous," it might limit your use of a similar name, even in Texas.
*. **Brand Confusion**: If consumers could confuse your brands, it might be considered trademark infringement.
*. **Rights and Protection**: As a local business, you might have common law rights. Consider registering your trademark in Texas.
*. **Operational Legality**: You may continue to operate, but there's a risk of a cease-and-desist letter or a lawsuit.
*. **Possible Remedies**: You could negotiate a coexistence agreement or seek compensation for rebranding.
You should consult with a local attorney for tailored advice.
But my formation in texas was before their filing for their trademark will texas trade mark common law kicks in my favor
Yes, if you can prove that you have been using the brand name in Texas before Dueminuti, INC's trademark registration, Texas common law may favor you. This is known as "priority of use". However, you should consult with a local attorney to understand the specifics.