Is this a Trademark violation?

[Sammie2021]

Hello, I was hoping someone with more knowledge in trademark violation can help me out.

An Australian business that sells a particular type of takeaway food has contacted me on Instagram demanding that I change my username as it infringes on their valid Trademarked name in Australia (covering food), or else they will involve their legal department.

My Instagram account is a hobby account containing homemade/bought food photos, product reviews and the occasional lifestyle post. I don’t sell anything. I have never posted anything about their takeaway food. My username contains their trademarked name, but with a period separating two words e.g. “name1.name2” and they have trademarked “Name1 Name2” (without the period).

Am I infringing on their Trademark? What are my rights?
If I do change my username, can I change just 2 letters or is that still considered an infringement?

Thanks in advance!

[Paul – FS Concierge]

Hi and welcome to Flying Solo.

Hopefully some helpful members will be along soon with some advice to point you in the right direction.

Cheers

[bb1]

Maybe [USER=20176]@JacquiPryor[/USER] is around.

[Corey]

Sometimes called a brand, a good trade mark helps your business stand out in the marketplace.

A starting point is Understanding Trade marks – Trade marks | IP Australia

Cheers
Corey

[Jacqui Pryor]

Hi Sammy

Sorry for the slow response.

I am a trade marks attorney and would be happy to hear from you directly (jacqui@mmwtrademarks.com.au) with the details, as I cannot advised based on the details of your original post. There’s not always a yes/no or black/white answer on these questions as it can be case by case.

As noted, if you want to send me an email with the details of the other party’s trade mark, your Instagram account and a copy of the message they sent I’d be happy to look over and let you know my thoughts.

Jacqui Pryor Trade Marks Attorney A Free Trade Mark Search is a good first step to ensuring your business name, brand name or logo is safe to use and to ensure it can be protected. Get yours here.

[Author]

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