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

 

[BizMan]

they want to me to be licensed by them, to control my inventory, take a percentage of sales, etc.

Wow, seems a bit extreme to me... sounds like the Russian Mafia.

First thing you should do, if you haven't already, is to verify that they actually have the name TradeMarked. I would also check to see if there is some time limit that they missed for objecting to your business name. You would think that they just can't let you go on for years to allow you to grow and then step in and take control. Works both ways I would hope...

Just my two cents. I'm sure you will get more helpful responses here. I know how it is though. I had a site with the domain name having the word "intense" in it and this company threatened a lawsuit on me because they "applied" for a TM for the word "intense." The product wasn't selling to well so I was just about to close the site down anyways but I still have the domain and still get threatening letters to hand over the domain.

Good luck, hope it works out for you

 

[davezan]

additionally there are about seven other KNOWN businesses with the same name.

That factor alone can work in your favor.

If the other party threatens trademark infringement and monetary damages up
to $100,000 per name, it's really going to depend how much time and money
you're willing to risk to defend your rights to the domain/website name.