ME vs Hasbro...what should I do?

Posted in the Patent / Trademark Law Forum

Adelin

Boisbriand, Canada

#1 Oct 8, 2008
Hello,
I invented a poker based board game with a trivial questionning component. I registered it under the name Trivial Poker.
I've never played Trivial Pursuit and my game has nothing to do with that game as per the game play or even the packaging. At the core, it is a poker game not a game of questions.

I received an email: here it is.
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"Your registration and use of the TRIVIAL POKER name for similar goods violates the federal trademark laws, including 15 U.S.C.§§ 1114(1) and 1125(a), by creating a likelihood of confusion with respect to Hasbro’s authorization or sponsorship of, or association with your commercial activities. Your use of the TRIVIAL POKER name is also likely to dilute the distinctive quality of Hasbro’s TRIVIAL PURSUIT® mark and hamper its ability to function as a source-identifying trademark in violation of 15 U.S.C.§ 1125(c) and the anti-dilution laws of numerous states.

We therefore demand that you immediately withdraw your applications for the TRIVIAL POKER mark from the U.S.P.T.O. and the Canadian Intellectual Property Office and cease and desist from any use of that mark. Otherwise Hasbro will take appropriate action to protect its rights, including but not limited to commencing opposition proceedings, and taking any other action necessary to prevent your infringing use.

Please confirm to me as soon as possible, and in any event within ten days, your agreement to the above. This letter does not purport to be a complete statement of the facts or the law and is without prejudice to Hasbro’s legal and equitable rights."
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I am already selling the game and I will apply for financing to have it marketed by a firm.
Please help me,

Thank you.
Adelin.

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