business name trademark issue OR

[juliek]

hi,

i am seeking help regarding my business name. for two years i've been using the name. i've got a brick and mortar and a very robust website.

yesterday i got a letter from a company in WI who apparently trademarked the name in 1988. they want to me to be licensed by them, to control my inventory, take a percentage of sales, etc.

i called the guy and had a heart-to-heart with him, however, when he heard how well my website was doing, i could "hear" the dollar signs popping in his eyes.

changing my name is going to be quite damaging in all aspects. however, i am trying to find out what rights i do have online. what or who governs trademark infringement online? i have spent hundreds of hours with my SEO, i don't want to lose my place OR to have him reap the benefits of MY hard work.

is there anything i can do to keep my name??? he dyes children's clothes and has a store. i do not manufacture anything, only have a children's store. additionally there are about seven other KNOWN businesses with the same name.

thank you for any help!!

warmly,
Julie

 

[lwpat]

If he has trademarked the name you may be out of luck. The first one in time wins. You probably made a tactical error in telling him how much business you were doing. If you want to keep your site/name you need to contact a trademark attorney fast. There is a find an attorney link on this site . Only if no one is listed you can send me a private message for a reference.