5 ms·
I had a similar case that I helped a relative with. They had a similar word in their business name as a foreign (popular at the time) baking company. My reading
by hnick 6y ago
I had a similar case that I helped a relative with. They had a similar word in their business name as a foreign (popular at the time) baking company. My reading in Australia implied they had no real case either, the standards for Trademark infringement are relatively tight and case by case (see https://www.findlaw.com.au/articles/2064/thats-crazy-john.aspx https://www.findlaw.com.au/articles/2064/thats-crazy-john.as... for one case where the industry is the same and names are very similar but branding is not). The notice was apparently triggered by an application for a local Trademark which tripped their alarms.
But as with you, it wasn't worth the fight. We got a cheap legal aid person to draft a letter saying we thought they didn't have a case but we'd play along if they covered our fees for renaming the business and updating stationery/website/etc. In the end it worked out OK and the business was renamed. I think she made a slight profit if you don't factor in the stress.