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Re: hedge_fun post# 37990

Tuesday, 11/19/2013 10:17:26 AM

Tuesday, November 19, 2013 10:17:26 AM

Post# of 38908
Couple of things. First, there is no legal reason why two companies that both have "Medscience" in their names, in different areas, cannot coexist. I just worked on a trademark infringement matter for one of my clients who was required to change her branding identity from [XYZ] even though there were already three variations of [XYZ] that all have registered trademarks. One of the [XYZ] mark owners decided to go after her use of the mark, because the market for her services was deemed to be too similar to the market for their products, even though they had not attempted to preclude the use of the mark by other companies in what also appeared to me to be related areas.

Second, of course you are correct that one cannot use the symbol for a registered trademark in commerce when one has not actually registered the mark. I don't follow SKTO and can't speak to what they've done or not done, but this is the AVNE board and my understanding is that anything Aventura Equities does is going to be set up properly and legally.

Finally, as you know, trademark enforcement is a civil matter, so if anyone "smacks down" anyone else for the use of a mark it will be the owner of the registered mark in a private litigation, not the USPTO.

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