How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 37972
Experience:  Retired (mostly)
10097515
Type Your Intellectual Property Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

We are trying to print out T-Shirts that say one of the words

Customer Question

We are trying to print out T-Shirts that say one of the words of the company we work for. The company is Plexus Worldwide. We want to say the word "Plexus". The word "Plexus" is not trademarked, but the two together are: Plexus Worldwide. We want to make the X in the middle large, sideways and with a different font.
Plexus Worldwide is claiming to OWN the Large X sitting at an angle, like a cross. Can a company OWN a letter? This seems crazy to me.
Submitted: 1 year ago.
Category: Intellectual Property Law
Customer: replied 1 year ago.
If it is trademarked, how can we tell? No @ sign anywhere near it on their logo.
Expert:  socrateaser replied 1 year ago.
The Plexus Worldwide is a registered trademark. See this link. I realize that my answer may not be exactly what you were hoping to read. However, under the circumstances, the best that I can do is to explain what the law is and is not, so that you can avoid expending valuable resources looking for answers that do not exist, and concentrate on the options that are actually available.I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Customer: replied 1 year ago.
I already know "Plexus Worldwide" is trademarked. I'm looking for the X in just the word pleXus. Please.
Customer: replied 1 year ago.
No Worldwide being put onto the t-shirts, just the word pleXus with the X larger and sitting at an angle.
Expert:  socrateaser replied 1 year ago.
Upon further review, it appears that the logo with the stylized "X" is not yet registered -- because the applicant has not disclaimed the term, "worldwide," which appears in the logo. Also, the logo is highly stylized, and not at all in the style that you have described. If you were to create a B&W logo that was a silhouette of the Plexis logo, then assuming that the logo is finally approved and registered, you would be liable for infringement. However, if you intend to set the X on its side, then that's quite different from the Plexis Worldwide trademark. Consequently, I do not believe that an ordinary consumer would be confused by your proposed logo -- at least not unless and until Plexis becomes a very famous mark. Example: Let's say we're back in the 1970s, and Apple Computer has just released its Apple One computer. The Apple logo is unknown, and in fact, no consuer knows what a personal computer is, yet. So, if you were to publish the term, "Apple" with an illustration of an apple lying on its side -- no one would confuse your logo with the Apple Computer logo. But, today, if you were to do the same thing, everyone would instantly understand what you were doing, and the question would be: are you engaged in parody/poking fun at Apple Corporation (which is fair use and not infringement) -- or, are you trying to trade on the Apple logo, so that consumers are confused by your logo, so as to wrongly associate it with Apple Computer? In sum, I seriously doubt that Plexis could win a trademark infringement action against you today. 10 years from now, if Plexis Worldwide becomes a billion dollar business -- that may be a very different story. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Customer: replied 1 year ago.
HELLO??? I never received further clarification.
Expert:  socrateaser replied 1 year ago.
I posted a thorough answer to your follow-up question on 26 Jul 2015 at 8:00 PM PDT. I can read it, so I assume you can, as well. If not, let me know and I'll contact customer service, and ask them to email the answer to you. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Customer: replied 1 year ago.
You did not give a thorough explanation. You answered a question that was not asked. Please review. This answer is not acceptable to my question.
Expert:  socrateaser replied 1 year ago.
If you would be so kind as to rephrase your inquiry into a single succinct question, I will be happy to try to answer again.
Unfortunately, at this point. I do not understand how my answer is nonresponsive. Consequently, I don't know how else to respond.
Please help me so that can help you.

Related Intellectual Property Law Questions