KVR Audio

dnekm · Post by **dnekm** » Thu Apr 19, 2018 9:39 pm

I have been using Anomaly as a title for soundsets for over 10 years. The use of this title by someone else is a trademark violation.

"A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. "

"Unlike patents and copyrights, trademarks do not expire after a set term of years. Trademark rights come from actual “use” (see below). Therefore, a trademark can last forever - so long as you continue to use the mark in commerce to indicate the source of goods and services."

"Must all trademarks be registered? No, registration is not mandatory. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration. "

Michael L · Post by **Michael L** » Thu Apr 19, 2018 10:05 pm

You are quite correct.
Not only do SampleOddity use your Anomaly name, but they use demo names like "Dead Zone."
It passes the 'similarity test' -- it is extremely similar and likely to confuse consumers, so it is an infringement.
I believe your lawyer needs to send Joel Steudler a 'cease and desist' letter right away.

AdInfinitum · Post by **AdInfinitum** » Thu Apr 19, 2018 10:10 pm

Todd the Trademark lawyer here to help
TrademarkAuthority.com

dnekm · Post by **dnekm** » Thu Apr 19, 2018 10:14 pm

Thank you both, and also thank you to the person who first alerted me to this.

dnekm · Post by **dnekm** » Fri Apr 20, 2018 7:32 pm

They have changed the name to Oddnomaly or something. Anyway, it is sorted out.

Anomaly by SampleOddity is a trademark violation.