Discussion:
What is the name of your state? CT. I am wondering if someone can clear this up for me. My fiance' has a band, and the bands name is Trademarked. His band has been around for 2 years. Now, Midway games has just made a video game with the exact name/ spelling of his band. I checked on their webpage and it is trademarked with them as well. His guestbook just had a message from supposedly someone from the "creative team" that made the game, saying they want the name back, and threatened to sue. I am very confused. How can they sue my fiance's band when we have it trademarked as well? And what about the fact that my fiance's band had it trademarked first? Furthermore, isnt it harrassment of sorts for them to threaten a lawsuit on our webpage? PLEASE HELP ME!!
Answer:
Furthermore, isnt it harrassment of sorts for them to threaten a lawsuit on our webpage? Simply put, no.
And what about the fact that my fiance's band had it trademarked first? What is your proof of this claim?
The best advice anyone can give your boyfriend at this point is to have an attorney write to the game maker and demand they support their claim with a copy of the original trademark from the USPTO.
Then you will know for sure WHO had the first registration, what the registration covers and if there are any legal claims on either side.
Answer:
I agree with Ober.
Also, if you want to check the trademark status, the USPTO has an online search at: