Here at Fargo Patent & Business Law, PLLC we often get clients who get into trademark disputes. The claim is called “trademark infringement.” This is a case study about one of our clients who found itself on the wrong side of trademark law.
Our client operated a food truck for several years. It was very successful. The client eventually opened a restaurant in town. Again, it enjoyed success. The name of the business carried over from the food truck days. Unfortunately, our client did not have the name trademarked. The name of the business reflected the type of cuisine it was serving.
Toward the middle of 2022 our client got a demand letter from another, out of state, food company that demanded it stop using its name. The claimant alleged that its name, which was trademarked, was similar to our clients. The claim was that our client’s name was confusingly similar to theirs.
We tried to negotiate a resolution by changing the clients name to another similar variation. However, the claimant had nearly all variations of the name trademarked. We then tried to negotiate an agreement whereby the two could use the name and stay in different geographical regions. This was refused.
In light of mounting expense, our client was forced to change its name. Of course, this was the most undesirable outcome. Our client would have been protected if it had trademarked its name before its competitor. This would have avoided wasted time and expense.
The lesson is if you are running a business, you need a trademark. It will protect you from future disputes about your business name and logo. Contact our office at 701-566-7571 or www.fargopatentlaw.com for a free consultation to discuss your options.
