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Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I just received a notice in the mail that my non profit website

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I just received a notice in the mail that my non profit website is infringing on a bigger company's trademark. I have had the domain registered for the past five years with no problem. It was never an intentional infringement. I am My Drama Kids and they are Drama Kids International. As I am not an expert, how can someone "own" such generic words?
Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney. Thanks for your question.

The main issue in a situation like this is whether or not a consumer would/could reasonably mistake your organization for the other business. One of the main factors when businesses have similar names is whether or not your businesses are in the same trade is also a huge issue.

If you aren't in the same trade/business, then it is much harder for this company to claim that you're infringing on their mark because you're not competitors.

Also, whoever has been using the mark the longest would likely be the prevailing party if all other things were equal. This is true even if one company has a registered trademark and the other doesn't. A common law trademark is just as legally enforceable as a registered one.

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