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Someone launched with a name similar to mine — is this trademark infringement?

Started by ChrisPatel · Nov 1, 2024 · 19 replies
For informational purposes only. Not legal advice.
CP
ChrisPatel OP

My SaaS is called "TaskFlow" — been running for 2 years, ~$30K MRR. Yesterday discovered another company launched "TaskFlowPro" in the same space (project management). I have the trademark registered. Is this infringement? What should I do?

TM
TMAttorney_Sarah Attorney

Key factors for trademark infringement (likelihood of confusion test):

1. Similarity of marks - "TaskFlow" vs "TaskFlowPro" is very similar
2. Similarity of goods/services - same space = strong factor
3. Channels of trade - both online SaaS = overlap
4. Strength of your mark - 2 years + revenue = decent
5. Evidence of actual confusion - any customers mentioning it?

This looks like a solid case. Standard first step is a cease & desist letter.

BE
BeenThere_Ed

Had similar situation. Before going legal, I actually just reached out to the founder directly on LinkedIn. Turned out they didn't even know we existed and changed their name within 2 weeks. Saved thousands in legal fees.

LH
LawyerHappy

counterpoint: reaching out informally can sometimes backfire. they might go defensive or even try to claim they had the name first. a formal C&D creates a paper trail and shows you're serious. but Ed's approach works too sometimes

CP
ChrisPatel OP

Found their founder on LinkedIn. Company is 3 people, raised a small pre-seed. Should I reach out directly or go formal?

TM
TMAttorney_Sarah Attorney

For a small startup, I'd try the informal route first. Send a friendly but clear message: "Hey, noticed you launched TaskFlowPro. We've had TaskFlow trademarked since [date] in the project management space. Wanted to reach out before involving lawyers — would you consider rebranding to avoid confusion?"

If they ignore or refuse, then send formal C&D. This gives you the moral high ground and judges/arbitrators look favorably on attempts to resolve amicably.

RS
RealStartup

what's the worst case if they refuse? how much does it actually cost to enforce a trademark?

TM
TMAttorney_Sarah Attorney

Realistic costs if it goes to litigation:
- C&D letter: $500-2,000
- TTAB opposition/cancellation: $15,000-50,000
- Federal court litigation: $100,000-300,000+

This is why 95% of these disputes settle after the C&D. Nobody wants to spend that money, especially a 3-person startup.

CP
ChrisPatel OP

UPDATE: Reached out to founder directly. He was actually really cool about it — said he did a quick trademark search but missed my registration. They're rebranding to something completely different. Even offered to add a redirect from their old domain to mine for 6 months. Faith in humanity restored.

BE
BeenThere_Ed

Love to see it. Most founders are reasonable people who don't want legal drama. The redirect offer is classy.

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