trademark: referring to old name
Posted in the Patent / Trademark Law Forum
#1 Apr 24, 2009
If an infringer changes its name voluntary to avoid confusion, but in doing so now advertises its new name as 'formerly known as"...(insert old mark), does the mark owner have a cause of action to restrain the infringer from ever using the new name now that the public associates the new name with the old name (infringing name)?? i.e. the consumers just think the mark holder has now become a new company?
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