Unauthorized Trademark Use Question

**jimmie** · 31 Dec 2014, 04:53 PM

Got a letter from one of my competitors Stating my Tagline is to similar to theirs and am ask to change it. Can some look over this and tell me what it is they are wanting me to do and would you do it?
Mine:

His:http://www.tools4flooring.com/

**stevesh** · 31 Dec 2014, 05:03 PM

There are no lawyers here I'm aware of, and you're asking for legal advice. What follows is not.

I suppose it would depend on exactly what they had trademarked, but since they're willing to attack you with attorneys (we assume - I'd do some research to see if that law firm actually exists), if it were me, I'd change my tagline. The whole 'using a numeral in place of a word' is kind of '90s anyway, almost as trite as 'Floors R Us'.

**mc12345678** · 31 Dec 2014, 05:16 PM

What I see, is that one they are asking written response that you will take effort to cease using the material they consider to be theirs, but believe you are using. (In a sense understanding that perhaps you have a large order out for such marketing and need to come to some form of agreement so that action is not "unnecessarily" taken).

What they also appear to claim is that the symbol used and trademarked/registered on their site and material is too "similar" to what you have used. In my non-legal understanding it is as if someone trade marked the word(s) "get it" and then someone in a similar line of business used "get it today" or "get it when you want it how you want it" and then were told that can't be used because there are too many similarities. The use of get it in the first two words and the other "similarities" in business, but having a different image/font/statement, etc...

They are asking, sorry demanding, that the words displayed at the bottom of your webpage (and everywhere else used) be modified away from tools 4 the flooring professional and has sited some potentially applicable trademark law/requirements.

If ignored, further action is likely to follow (as someone has put them up to this), it could be "pro-bono" work, it could be something of an issue. I would suggest that someone familiar with the applicable law(s) at least look at the "evidence".

Btw, nice timing on them sending that one.

**jimmie** · 31 Dec 2014, 05:39 PM

it is not just the website i'd have to change, i have my vehicles lettered up with that tagline

**mc12345678** · 31 Dec 2014, 05:53 PM

Originally Posted by jimmie

it is not just the website i'd have to change, i have my vehicles lettered up with that tagline

And that is part of the "other" places that they are asking it not to be used on... At least that's how I would interpret it. Like stevesh, not a lawyer. One thing though is that it probably wasn't one of your vehicles that they saw. This issue (if confirmed legitimate like stevesh suggested) could have arosen from any number or multiple situations. Could be someone saw your vehicle or advertising, then tried to search using that line and came up with the other group. Reached out to them and in discussion it became apparent that the two were in desparingly different locations... Etc. And any number of variations of things...