Discussion:
What is the name of your state? New York
We were previously involved in an infringement suit where we did not know that the color (red) on our product was registered.
We would like to avoid the same from happening again so we applied for registration of our trademark. However, this is the same product as before but we are using a different color (orange). We would like to put the product out in the market already but we fear that the one who filed a suit against us might do so again. Will the other party have a case against us now?
Please help us.
Thank you.
Answer:
Nobody can answer your question based on the facts given -- further, trademark infringement is extremely fact-specific. You really should talk with a lawyer experienced in trademarks who can review ALL of the facts concerning both your current product and the earlier infringement action.