Launching a UK product with a brand name that has already traded but no longer trading in US?

Hi - I am looking at launching a UK product under a brand name that I have the UK domain name for and also registered the name at companies house in 2006. However,  I have just found out that a US product - from the same industry - has the same brand name, has the .com URL and traded between 2006 and 2010. They have no trademark in the UK.  Is there a copyright risk?

Asked by Suzanne Cook | 11 Months ago in subject: IP and in industry: Food production , Manufacturing / Engineering , Entertainment

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If they have no trade mark in the UK then you could assume you were safe to trade here.  However, if they have any trading history in the UK (regardless of trade mark status) then things could get complicated.

You'll be better-off speaking with a patent attourney with full details.

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Answered by Mark Ballantyne | Posted 11 Months ago | See all of Mark Ballantyne's answers

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