Trademark Dispute Legal Guidance

Summary

Trademark disputes depend on factors like the similarity of goods/services, likelihood of consumer confusion, and prior use. Generally, trademarks in different classes can coexist unless confusion is likely. Consult an intellectual property attorney for a detailed analysis.

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Our trademark ("Pure Puffalo" class * and ) is live and pending review . It is also our LLC name (which was never contested when being published in *) Someone has served us with a cease and desist saying that because they have "Puffalo" registered under class * we are infringing by using "Pure Puffalo" ... Their attorney (who has been Extremely rude) said they will sue us if we don't stop using it. They mailed the attorney who filed for us and he responded to them... I have all the discussions between them... He told them they were out of line but they insisted that we are wrong... Can they make claim and win? Thank you ****herine Schlager-Washington
Hello ****herine,
This situation is quite complex and depends on several factors:
- The similarity between the goods/services of both trademarks
- The likelihood of confusion among consumers
- Prior use and registration
However, generally, trademarks registered in different classes can coexist unless there is a likelihood of confusion. It's highly advisable to consult with an experienced intellectual property attorney for a detailed analysis.