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PhillipsEsq, Attorney-at-Law
Category: Intellectual Property Law
Satisfied Customers: 19479
Experience:  B.A.; M.B.A.; J.D.
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We have a name 3Ohm3 Vapor and we are a retail store. There

Customer Question

We have a name 3Ohm3 Vapor and we are a retail store. There is a business, which we didn't know about, that is 3Ohm3 Industries, the make their own cape line and sell to retail stores. They had an attorney send us a cease the name usage on a trademark of 3Ohm3. Which the Ohm is the greek symbol in both cases. There last 3 is backwards and ours is not. Do they have a case? We are in Colorado.
Submitted: 1 year ago.
Category: Intellectual Property Law
Customer: replied 1 year ago.
We are a retail e-cigarette, mods, vapor and accessory store. When we applied for a trade name with the Secretary of State, nothing came up as 3Ohm3 Vapor, so we were issued the trade name. There is a business called 3Ohm3 Industries that is a small business that makes and sells to retail stores the juice or vapor that goes into these e-cigarette/mods. He product is 3ohm3 industries vape juice. We both put a trade mark on our name and symbol because there was talk on a website that we stole their name. We didn't even know they existed. I tried to attach the cease and desist order that is from an attorney for this business, which is extremely small, he has 2 lines of vape juice or maybe 10 products and I believe is working out of his parent's home. The attorney says that they had the symbol first in November 2014 and we started our business in May 2015 that we are infringing on his business and hurting his reputation. We don't sell his 3ohm3 vapor, and we don't sell anything in our store with 3ohm3 industries written on it. We sell other businesses Vapor and do not at this time make our own. He doesn't sell to the retail market, doesn't have a store that we can see, and we don't know how we can be hurting his business by using that trademark. I would like to fax you the attorney letter. IF we had to change our name because o this wholesaler, can we just add a DBA after our name 3Ohm3 Vapor LLP? We don't want to have to redo all this paperwork, website domains, get new business cards, new advertising etc. This attorney letter also says that 3Ohm3 Vapor, (us) is selling similar products using our client's 3ohm3 trademark, which isn't true. We have just came up with this 3Ohm3 Vapor as a business name and do not sell any product with that symbol. They say we ripped them off, we didn't even know they existed until there was talk on a vapor society webpage, that is when I went in to try and put a trade mark on our symbol and they had done it the same day. I thought it would be another trademark because of the symbol being different and they both included our names as Vapor and Industries. There was no intent to put anyone out of business or compete with them. The letter also states the 3Ohm3 Industries sells his product online throughout the United States. He doesn't even have a website just a Facebook page and Instagram account. Any information you can help with your experience in this would be much appreciated. Thank you. *****
Expert:  PhillipsEsq replied 1 year ago.

Unfortunately, if the name was trademarked before the existence of your store, the company has a case for trademark infringement. It does not matter that your "3" is not backwards and theirs is. What is relevant is that you are using a name eventhough inadvertently that is very similar to that of a trademarked name, which would lead to confusion to the existing company’s customers as to which one is the existing company and which one is yours. For more information, click on the link below: