Question
We are a small company providing cloud computing services. We are based in Taipei. A competing startup in Singapore is offering a similar service to ours utilizing our API to patch their product framework into ours. They are also using our Logo in a list titled "partners", even though there has never been any correspondence from us that would permit the usage of our brand. Can we claim trademark infringement or at least shut down their API access?
Answers: 1 public & 0 private
Ok, this is a tough question... so I'll ask a few questions before I give any answers.
So this "competitor" is using part of your technology to underpin their own product offering? If so, sounds like you have a perfect licensing source of revenue. If not, then what are they really doing with your technology?
Have you filed for any trademarks? If yes, then you could probably sue them for trademark infringement, if no, then check with a trademark agent in Singapore.
What does your API agreement say? If the agreement provides the API user with unreserved rights to your product and trademarks, then you are screwed. If there are some limitations to the agreement then focus on those as potential talking points with this competitor. You could also update your API Terms of Use so that this could effectively eliminate this user. But really, this is an opportunity for you to build a licensing partnership with someone who is using your product.... go for the money and get a deal done. Don't know how much the potential deal is worth? Let's talk.
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