trademark question

[TODDGSR]

If i were to have a registered trademark for my brand name, could a company acuse me of infringement even if they do not have a registered trademark because they have used that name before you registered your trademark name? would that be under common law?

 

[Michael]

Originally posted by TODDGSR
If i were to have a registered trademark for my brand name, could a company acuse me of infringement even if they do not have a registered trademark because they have used that name before you registered your trademark name? would that be under common law?

I believe so. If someone had a company FGH Shoes and you tried to open up a store with the same name in the same city, you will likely run into the problem for the reasons you mentioned. With a federal trademark a case is much easier to prosecute as you won't have to deal with as much fact intensive analysis as you would likely encounter in a common law trademark case.