attorney Stephen R. Baird
was quoted in an article in the StarTribune
discussing the practice of so-called “trademark bullying,” in which larger companies go after smaller ones over their names and trademarks. Steve commented on the issue of likelihood of confusion, which is often at the heart of such cases. The article gave the example of Questar Gas Co., which claims that the name of a local insulation company, Thermal-Wise Insulation, infringes on the name of a rebate program it offers its customers, ThermWise.
“'This doesn't look like a frivolous suit to me,’ said Stephen Baird, head of the intellectual law practice group for the Minneapolis law firm Winthrop & Weinstine, referring to the Questar case. ‘The marks are close enough and in a similar field -- energy.’
Baird said only the likelihood of confusion needs to be shown, not actual confusion, for a trademark challenge to be successful.”
To read the full article, please click here
Phelps, David. “For small businesses, trademark battles are life or death.” StarTribune
. 30 Jun. 2012.