- The band "The Tarantulas" is claiming we are infringing on section 2d of the Trademark Act.
- The band "The Tarantulas" started their band before my band
- Both bands are currently in Arizona
There are always important facts in play that are not disclosed by the folks who pose questions on Avvo so no attorney via this forum can, or will, provide you with a legal opinion on this matter. Your own attorney must evaluate all the facts. That being said, when two trademarks [like the two band names you mention] are so dissimilar then there can be no likelihood of confusion between their owners even when the marks brand the same product or service [such as music of a particular genre] and the same consumers are exposed to both. I think you have the better of this argument.
The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
You should consult an intellectual property attorney in Phoenix, but what could be more different than scorpions and tarantulas? No one would mistake the names OR the creatures.
We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.
Whenever a business asserts trademark infringement, the recipient would be foolish to fail to seek confidential advice from an attorney skilled in the law of trademarks and unfair competition.
Sometimes, when the respective trademarks are different, the parties can work out an agreement to use their respective terms in a way to minimize possible confusion by customers.
This posting is intended for general education and isn't "legal advice." It doesn't create or evidence an attorney-client relationship. You are encouraged to engage an attorney in the pertinent jurisdiction for confidential legal advice on matters of any importance.
I don't think everyone understood that the exact, complete name of your band is:
"Scorpion vs. Tarantula"
and not just "scorpion".
Do you have a commercial liability insurance policy with an advertising/trademark clause?
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
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