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

Started by ChrisPatel · Nov 1, 2024 · 22 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.

JN
JennyN_ProductMgr

This is such a refreshing outcome. The founder reaching out directly and getting a positive response gives me hope. So many of these stories end in expensive legal battles.

Question for @ChrisPatel - how did you phrase that initial LinkedIn message? I might need to do something similar and want to get the tone right.

DK
DevKyle_Chicago

The redirect offer from the other founder is class. We had a similar situation where a competitor with a similar name actually sent their confused customers to us for 6 months after rebranding. Good karma pays off.

Also seconding the advice to try informal outreach first. Most founders are just trying to build something, not steal your name intentionally. Give people the benefit of the doubt before lawyering up.

SR
SarahR_Startup

For anyone reading this in the future - I'd also suggest checking Product Hunt and other launch platforms as part of your trademark monitoring. That's how I found a competitor with a similar name before they got too big. Way easier to address early.

There are also trademark monitoring services that'll alert you when similar marks get filed. Costs maybe $200-300/year but worth it if you've invested in a brand.

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