• Brand name dispute internationally

I have been running a business since 2008 in the entertainment industry. This is based in India. I have also applied for a trademark of my brand name in 2013 so I'm expecting to get the trademark sometime in 2015.

There's another business using a very similar name in the USA - also in the Entertainment sector. They started using this name from 2010 onwards. I have asked them politely to change their name but they refused even though they acknowledged that they started using the brand name a couple of years AFTER from when I started using it. I also have proof of use since 2008.

Since both the companies are based in different countries, what are my legal options? Ideally I want them to stop using my brand name as it's confusing my customers.
Asked 2 years ago in Intellectual Property from Mumbai, Maharashtra
Hi, you have to file a petition in US court for infringement of trade mark............
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Dear Brand Name Dispute Internationally

I need to understand two things thing here

1. Has your brand name acquired cross border reputation? (What I mean to ask here is is your entertainment company releasing movies, serials, music, shows etc in USA?)
2. Have you applied for protection of your brand in USA?

If the answers to the above question is yes, you can very well file a suit against misuse of your brand name in USA and claim compensation (Recently Microsoft was penalized some million dollars for infringement of a patent)

However, if your answer to the above are no, please do get in touch with me over phone for further consultation as I need to understand a few more things before I can give you a perfect direction to your case otherwise any suggestions or advice will be futile

Thank You & Regards

Sidharth
Advocate, IPR
Sidharth Das
Advocate, Kolkata
21 Answers
1 Consultations
5.0 on 5.0

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