Alleged Trademark Infringement In Google Ads and Website

[SumoMayor]

Jurisdiction

US Federal Law

We received this letter from a competitor's attorneys. I changed the competitor's name to 'Trusted Movers' and our company's name to 'National Shippers' for anonymity.

This firm represents Trusted Movers, Inc. the owner of the service mark TRUSTED MOVERS (the "Mark"). Our client has continuously used this Mark in interstate commerce since 1983. Trusted Movers, Inc. owns the federal registration of the mark TRUSTED MOVERS, INC., United States Patent and Trademark Office Registration Number #######. Our client also owns the domain names www.trustedmovers.com and www.trusted-movers.com, among others.

It has come to our attention that National Shippers ("National") is using the Mark in the form of Google advertisements and on its website. In particular, we have seen the below search results from a Google search of "Trusted Movers"

Ad. Trusted Movers - Save With #1 Rated Home Movers 15+ Years Experience - Fully Insured - Get Instant Quote

Furthermore, National's website prominently displays "Trusted Movers" as a heading on the homepage

National's use of Trusted's Mark as an SEO term and as a trademark on National's home page is intended to divert internet traffic away from our client by using Trusted's own registered trademark to cause confusion. Your use of the Mark infringes on our client's pre-existing mark, dilutes the strength of Trusted Movers, Inc.'s mark, is likely to cause confusion, and constitutes unfair competition.

If necessary, we are prepared to litigate this matter in federal court, as we have with dozens of other infringers. However, our client prefers to resolve this matter without taking legal action. We are requesting that you voluntarily agree to cease and desist in the use of the Mark, including on your website and in hashtags, metadata, metatags, social media, and the internet.

We searched the USPTO website for the word mark 'Trusted Movers' and found 'Trusted Movers, Inc.' is trademarked

Our question is: Is this still considered trademark infringement even though we're using 'Trusted Movers' and not 'Trusted Movers, Inc.'?

The way we see it is our company is a 'trusted', 'dependable', 'reliable', 'experienced', moving company.

Are we not able to use "power words" just because it's part of their company name?

Please advise, Thank you!

 

[army judge]

Our question is: Is this still considered trademark infringement even though we're using 'Trusted Movers' and not 'Trusted Movers, Inc.'?

The way we see it is our company is a 'trusted', 'dependable', 'reliable', 'experienced', moving company.

Are we not able to use "power words" just because it's part of their company name?

Please advise, Thank you!

In the USA one can ONLY receive "legal advice" from a licensed attorney, he/she/it has RETAINED to represent her/his/it's interests.

That said, you need to retain the services of a licensed CA attorney.

Should you choose to proceed using information from any source/entity, you're setting yourself up for falling, far greater than the infamous, legendary, notorious Humpty Dumpty!!!

...

 

[adjusterjack]

Our question is: Is this still considered trademark infringement even though we're using 'Trusted Movers' and not 'Trusted Movers, Inc.'?

My 2 cents worth - Yes, you're infringing.

The way we see it is our company is a 'trusted', 'dependable', 'reliable', 'experienced', moving company.

Then stop using "trusted movers" and just say that your company is a dependable, reliable, and experienced moving company.

It's that simple.

Or, you can hire a lawyer and spend tens of thousands defending your use of "trusted movers."

My opinion is absolutely worthless without knowing the real name of your company and the real name of the competitor.

YMMV.

 

[Zigner]

Our question is: Is this still considered trademark infringement even though we're using 'Trusted Movers' and not 'Trusted Movers, Inc.'?

"Inc." is not part of the company name, rather, it is an indicator of the business structure. Remove the "Inc." and see if the two names are similar.

"Trusted Movers"
and
"Trusted Movers"

I'm not seeing much difference.

 

[SumoMayor]

Or, you can hire a lawyer and spend tens of thousands defending your use of "trusted movers."

No, Thank you!

 

[SumoMayor]

"Inc." is not part of the company name, rather, it is an indicator of the business structure.

Understood

 

[SumoMayor]

Should you choose to proceed using information from any source/entity, you're setting yourself up for falling, far greater than the infamous, legendary, notorious Humpty Dumpty!!!

Understood

 

[flyingron]

A purely descriptive mark like "Trusted movers" is pretty weak for exactly the reason we have here. It's easy to send cease and desist letters. It takes a little more effort to actually pursue such an action in court, and even more effort to prevail.

The question is, as Dirty Harry would say, do you feel lucky?

 

[zddoodah]

Our question is: Is this still considered trademark infringement even though we're using 'Trusted Movers' and not 'Trusted Movers, Inc.'?

Whether it is trademark infringement is impossible for us to determine, but the removal of "Inc." will not negate any infringement. You wouldn't call a car company "Ford Cars" and think that would be ok because you didn't use "Motor" or "Company," would you?

Are we not able to use "power words" just because it's part of their company name?

That's the better and more difficult question, and one that cannot be analyzed in the abstract (i.e., with altered names). I strongly suggest you confer with your company's attorneys for advice.

"Inc." is not part of the company name, rather, it is an indicator of the business structure.

The highlighted is not correct. That's it's also an indicator of the business entity form doesn't make it not part of the name.

A purely descriptive mark like "Trusted movers" is pretty weak for exactly the reason we have here.

The importance of this point cannot be understated. Both of the two made up company names are very weak and would not garner much protection in a trademark suit. Courts will not allow competitors to remove words from the English language simply because those words are included as part of a trade name.