My son-in-law registered his trademark and trading name in 2015 at a cost of $12K. A business in a nearby regional town has opened with a name very similar to his business name and easily confusable - selling identical products. He sent the equivalent of a cease and desist letter from his Trademark solicitor ($1K) and the competitor replied that they were not similar but undertook not to open in other regional towns nearby.
My son-in-law's Trademark solicitor told him that it would cost at least $30K to attempt to defend his business name.
Is it possible, as a cheaper alternative to apply to the Local Court for an injunction to stop the impersonator from trading under the similar name and put the onus on the impersonator to justify that his name is not trademark infringement?
Thanks
My son-in-law's Trademark solicitor told him that it would cost at least $30K to attempt to defend his business name.
Is it possible, as a cheaper alternative to apply to the Local Court for an injunction to stop the impersonator from trading under the similar name and put the onus on the impersonator to justify that his name is not trademark infringement?
Thanks