Glass Doctor and Windshield Doctor each have a federal trademark registration. They both work in the automobile windshield industry. Glass Doctor wants to move into a territory where Windshield Doctor is doing business. Interesting questions about trademark infringement:
1. Do you think both companies should be able to do business in the same geographical area – or would that be confusing to consumers that might think it is really the same company?
2. If one company has to leave and one company gets to stay, how should we tell who should be the one to stay – the company that was there first?
3. What if the new comer was more famous or more popular than the company that was there already - should that matter?
4. Is there a difference if one company does windshield installations and the other company does windshield repairs – should that matter?
James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
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