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A company has been closing all my social media account, saying I infringe their copyright. Their documents say they have the name (example) 'Chocolate Cookie Extreme Baking Company'. In their text however they claim they own the name 'Chocolate Cookie' in the whole baking industry. Is this even possible?

My name is 'ChocolateCookie Company' (note the lack of a space there) and therefor I think they are not in their right. However I do not own the trademark for 'ChocolateCookie Company'. Do they?

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Yes, sort of possible - from the sounds of it they may well have registered the trademark "Chocolate Cookie" - and indeed their statement "in the whole baking industry" actually implies this may be the case - trademarks are typically assigned to an industry/sector - so McDonald Trucks can co-exist with McDonald Restaurants.

Note that a Trademark is not a Copyright - I would be extremely surprised if you were infringing on their copyright - and if they are actually claiming that, you can probably challenge them. You are most likely infringing their trademark.

  • How about the space? He has 'Chocolate Cookie' I have 'Chocolatecookie'. – Jane May 28 '16 at 11:27
  • Remember that even without registration a trademark can be afforded protection. – feetwet May 28 '16 at 15:13
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    @Jane - Do some basic reading on trademark law. The standard is typically whether your mark "is likely to cause confusion in the marketplace." – feetwet May 28 '16 at 15:38
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    How would this not be simply descriptive, and thus ineligible for protection? – cpast May 28 '16 at 21:22
  • Every chocolate cookie is best described as a "chocolate cookie". As cpast is pointing out, a description cannot be a trademark. Did they give you a serial number or registration number? Most such marks contain this note: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CHOCOLATE COOKIE" APART FROM THE MARK AS SHOWN – David Schwartz May 31 '16 at 9:20

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