Hi, This is more of a trademark matter than a patent matter. Short answer, no, he does not have a case. Trademarks are grouped into four categories, based on the relationship between the mark and the underlying product and/or service: (1) arbitrary or fanciful, (2) suggestive, (3) descriptive, or (4) generic. The degree of protection is highest for fancial and suggestive marks. In your case, the other party's mark of "custom glass tinting" is at best descriptive if not generic. Hope this answers your question.

Answer Applies to: California
Replied: 12/18/2011

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The general rule is "potential for confusion in the market place". There are also certain words that are must be used to describe the business like "tinting". It's a matter of who used the mark first and how much money do you want to spend to defend your mark. My recommendation is to change your company name to something like "my name auto and home window tinting" to avoid legal costs.

Answer Applies to: California
Replied: 12/15/2011

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There are various factors to consider if you are infringing. Some factors include: how long has he had his name? how long have you had your's? Who was first? Are the tradedresses (looks of the name) similar? are the names confusingly similar to the industry and likely to confuse the public? has he lost business b/c people think your businesses may be related somehow? "Custom glass tinting" is descriptive and generic, and hard to protect unless someone can show this business name has acquired secondary distinctive features...and if his name has become distinctive in your locale, he could have common law and possible registered trademark rights. It is best to discuss this with a trademark attorney.

Answer Applies to: Texas
Replied: 12/15/2011

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From the sound of it, he does not. I doubt he has a federally registered mark for what appears to be a merely descriptive service. You should be fine to use your name followed by the descriptions of the service.

Answer Applies to: California
Replied: 12/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes, you probably do. Assuming both businesses are involved in custom glass tinting, the name "custom glass tinting" simply describes the nature of the services and is generally not protected as a trademark. You should check to see whether the other person has a trademark registration. Assuming there is no registration, neither has the ability to prevent the other from using custom glass tinting.

Answer Applies to: California
Replied: 12/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Custom glass tinting sounds like a descriptive term that cannot be protected by trademark law. If you have been accused of infringement then you should promptly retain trademark counsel.

Answer Applies to: New York
Replied: 12/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.