Wish to know what is Trademark Conflict ?
Trademark conflict means conflict between two companies or business over similar trademark. A trademark distinguishes a business, company, product or service from those of its competitors. Similar trademarks or designs often mislead consumers worldwide.
When a third-party is found to be using a trademark similar to yours, there are chances of the business owner getting involved in a trademark conflict. Thus, it is a conflict between two companies or business over similar trademarks. A proprietor who has legally registered trademark achieves exclusive rights to use the trademark. He can use the registered trademark sign with his goods or services. If a third party uses an identical trademark on same or similar goods, the registered proprietor may sue the third party for trademark infringement. which means a third party cannot use a similar trademark on same or similar products covered under registered mark, with out any prior consent from the registered proprietor. Filing for trademark infringement will be a civil remedy brought before the courts in trademark conflicts.
AN EXAMPLE FOR TRADEMARK CONFLICT
Apple Corps filed a lawsuit against Apple Computer for trademark infringement in 1978. Apple Corps is a Beatles-founded holding company and owner of their record label. Apple Records. Apple computers paid an undisclosed amount to Apple Corps in 1981 to settle the suit. The settlement amount was estimated to be US$50-250 million, but was later revealed to be $80,000. As per the settlement condition, Apple Computer agreed not to enter the music business, and Apple Corps agreed not to enter the computer business. Apple Corps sued Apple computers Again in 1989 claiming violation of the 1981 settlement. In 1991, another settlement was done these two companies involving payment of $26.5 million. Apple added a sample sound system called Chimes to the Macintosh operating system. Apple Corps held the right to use Apple on any “creative works whose principal content is music”, while Apple Computer held the right to use Apple on “goods or services. Apple Corps sued Apple computers again in September 2003 for breach of contract. Using the Apple logo in the creation and operation of Apple Computer’s iTunes Music Store, which Apple Corps contended was a violation of the previous agreement. The relationship between these two companies were improved in January 2007 Mac world conference. In Mac world conference Apple CEO Steve Jobs featured Beatles content heavily in his keynote presentation and demonstration of the iPhone.