Question: Can I prevent someone from using a tradename that infringes upon my trademark?
Applied to trademark for my clothing brand and have been using in interstate commerce since May 2011. My trademark is a misspelling of a word, let’s say for example’s sake, Kraft, which is plastered on all of my products. There is a clothing store named Craft, but it does not use the name on any of it’s clothing, just the online store name. It appears that the store may have existed a few months prior to mine. Do I have any standing to argue infringement/dilution against a trade name?
Answer: It may be that the online store Craft is not using the name as a trademark, but only a company name. In that situation, there might not be any infringement.