Even changing the spelling of an existing company name may be trademark infringement. This case is a prime example of that in action.
“This particular case is a prime example of one company trying to ride on the coattails of another,” said David Alden Erikson, a Los Angeles business litigation attorney. Mr. Erikson specializes in Los Angeles fashion law, Internet law, business litigation, trademark and copyright law.
This lawsuit involves a language translation company wanting to protect their trademark against another upstart company that has chosen to use their company name with a slight twist. “The original company name is The LanguageWorks, Inc., which is a foreign translation services company. In Michigan, another company, in the same line of work, has chosen to name their venture LanguageWerks LLC,” Erikson said.
LanguageWorks is asking for an injunction against the “other” company for using a similar and confusing name, as well as statutory damages. The LanguageWorks Inc., has been in business since 1995 and have their trademark federally registered and insist that LanguageWerks is using the confusingly similar name to steal their business; a form of unfair competition, among other things.
“LanguageWorks bases their case on the fact that they have spent years building up their business by offering a quality translation services that are globally recognized. Then, along comes an upstart company in Michigan with a similar name, providing a similar service and confusing people who need translation services. LanguageWorks fully intends to protect their trademark from unauthorized use and wants LanguageWerks to stop selling services that infringe on theirs, recall all of the advertising, pay damages and take down their website,” Erikson said.
Do they have a case? “Yes, the new company is infringing on the LanguageWorks trademark. It doesn’t get any clearer than that. This will be a good case to watch to see what the courts award LanguageWorks over and above their initial requests that the renegade company cease and desist their blatant use of the slightly changed business name,” Erikson said.
Companies that find themselves in a similar situation are best advised to contact a skilled Los Angeles business litigation lawyer and put a stop to any trademark infringement. These types of cases are typically fairly complex, but with the right lawyer, a trademark will be rightfully protected.
To learn more about David Alden Erikson, Attorney at Law, visit http://www.daviderikson.com.