Ask HN: What's the worst that can happen if you get sued over a trademark?

https://news.ycombinator.com/item?id=10079773

by webmasterraj • 11 years ago

2 3 11 years ago

news.ycombinator.com

Let's say you're using a logo for your company that plays off a very popular one. For example, something like McDonald's golden arches but 3 of them. Kind of a gray zone, but enough to probably get someone's attention.

What's the worst that can happen? A cease and desist letter? Can they actually sue you for money?

natch• 11 years ago

What do you plan to do exactly?

JamesVI2• 11 years ago

If you think what you plan to do is "kind of a grey zone" I wouldn't recommend discussing it in a public forum.

Contact a trademark attorney to have an initial consultation that will be covered by attorney-client privilege. Trademark attorneys are (relatively) cheap and will probably give you a 30 min phone consultation for free anyway.

JamesVI2• 11 years ago

Yes, they can sue you for damages.

If they demonstrate that your use of their trademark caused brand confusion and they lost business as a result they can sue you for those lost earnings.

If they can demonstrate that a significant portion of your profits are due to inappropriate use of their trademark then they can sue for those profit.

They may also sue for punitive damages if they can prove that infringement was willful as opposed to accidental.

Google around for trademark infringement (http://apps.americanbar.org/litigation/committees/intellectu...)

Ask HN: What's the worst that can happen if you get sued over a trademark?

Related Stories