Intellectual Property Law
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they just have a shirt that says swolemates
but they claim to own that trademark
my brand is forwarduprising.com and we just printed a shirt that says "Swolemates"
are you allowed to look at these sites?
if you looked at both shirts would your legal opinion say that I am infringing on them? I dont think I am the only one that a "Swolemates" shirt and my design looks different
they are both shirts...does that classify as the SAME? the words are the same, but the art work is NOT
I am not using it as a brand...its more like a quote
I am not the one who claims to have trademarked it
All of their shirts say "Swolemates" and that is the name of their brand and they think that my using the term infringes
if my shirt had that phrase, but my logo, my consumers would NEVER think that the shirt belonged to Swolemates Apparel
so its not a clear cut case is what you are thinking
and seeing our shirts they dont look similar
ok they are tiny little brand with 3-5k followers...that should not classify them as recognized in the industry
they would have legal fees as well though correct
what would classify them as a recognized brand in the apparel industry
is there a thresh hold?
people can then create brands to corner every name and phrase out there...
are there any guidelines to be considered recognized?
no one would think of their brand when saying the words swolemates
they are not at that level they have 8 shirts and only less than 5k followers
but anyone could just start up hundreds of little companies to close of anyone from using anything on Tee shirts?
Swolemates is a term thats been around long before both they and I were printshops
so neither would get copyright for sure on that one
thats like saying Soulmate
yeah they have a web site that sells 5-8 shirts with that word on it
I see...thats my answer...
we used a different font and definitely people will not mistake my shirts for their shirts
ok thank you
I believe I have a solid enough understanding...although I do see that there is a strong enough case for them to try legal on my
when they contact me...how can they show proof that they own the trademark? and not just BSing me or scaring me?
just cause they are LLC doesnt mean anything to me that I know of
I just checked the they filed in march 2013 and currently is 7/30/13 "Extension of time to oppose received"
thank you good night bud
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