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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 118236
Experience:  Attorney practicing all aspects of copyright/trademark law
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I make an orange paw lollypop. Clemson University now wants

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I make an orange paw lollypop. Clemson University now wants to claim I have infringed on their trademark. I have been contacted by CLC and told it looks "CONFUSINGLY SIMULAR" and to stop manufacting it now. (sent certified mail)
NOW, how does one look up a TRADEMARKED item like this to see if they have legal rights to my "confusingly simular" product. It is not a real tiger paw print, like my understading of Clemson's trademarked logo is...
just a tin mold shaped like a paw and when poured in orange candy color they say it's theirs.
and what's up with "in likeness"... if made in the likeness do they have rights?
Can I request a copy of the trademark through the CLC?
You can see a photo at http://www.facebook.com/Thelollipoplady
Looking to stay in business without the CLC!!!
Thank you for your time.
This is going to be something that is debatable as to likelihood of confusion since a paw is a paw and there are very few ways to make a paw print. The problem is that fighting these cases, even though you are likely right here, can be so costly it is not economically feasible. The only thing you can try is sending them a letter telling them that you dispute that your lollipop made from a commercially produced mold is in any way confusing with their mark and that there are only so many paw prints and as such it is not likely that any court will find your making candy from a commercial paw mold to be similar or confusing. You may want to invest the $200-$300 to have a local intellectual property attorney tell them that. Remember, many times the distinction of these marks is a subjective determination based on viewing them side by side. To check trademarks you can use the US Patent and Trademark Office database, http://www.uspto.gov.


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Law Educator, Esq. and other Intellectual Property Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for your help.
Thank you.
Law Educator, Esq. and other Intellectual Property Law Specialists are ready to help you