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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I created and have been selling VINtrack software for over

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I created and have been selling VINtrack software for over 10 years that uses barcode scanners to scan vehicles (vintrack.com). A new company is now selling VIN Track software that also uses barcode scanners to scan vehicles. Isn't VIN Track software to similar to my VINtrack software? Do I have recourse? http://www.hallogram.com/barcodes/software/tracerpluspro/start/vinmt2000/
Hi,

Thank you for your question.

When you create software, the only way you can prevent your competition from copying your software and using it to compete with you is to actually patent the software. If you have not patented the software, then you do not have legal recourse on the software side.

Is there anyway that the competitor has illegally obtained your confidential information (software design) or is acting in a way that could cause a consumer to be confused regarding your product?

-ZDN
Customer: replied 4 years ago.

I was more concerned with the name VINtrack Software vs. VIN Track software.

Thank you for the clarification.

The protection for your product name falls under Trademark law. The name "VINtrack" qualifies for trademark protection. Since you've been using the mark in trade, you can sue under California laws for confusion of products, unfair competition, dilution, and violation of your commonlaw trademark rights.

It would be a good idea to immediately register "VINtrack" with the USPTO as a trademark. This grants you the primacy on the name and will make it easier to enforce your trademark rights. For information regarding trademark registration, see: http://www.uspto.gov/faq/trademarks.jsp
Customer: replied 4 years ago.

Thank you, XXXXX XXXXX have VINtrack registered (since 2003).

Then this will make your claim much stronger. So you can sue for federal trademark violation under the federal statute.

Please remember to mark my answer with accept/positive smiley so that I may be paid for my work on your question from the website. I appreciate your help on this.

Please let me know if you have any other questions on this subject.

-ZDN
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