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Trademark Infrindgement Problem

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omegagirl

Guest
What is the name of your state? CA

I have a registered trademark for a very popular saying. My web site/company is also named after this saying. We sell printed greeting cards that also are the "registered mark" brand greeting cards.

I have come across a web site and newspaper that are using my registered mark and are making money from advertising... I sent them a cease and dissist letter and spoke with them. They are arguing that although I have a registered mark, they are NOT going to change it because it is a popular term. I have sent this same letter to other, very well known, companies who have used it... all have changed their signage within days of having their legal team look at our Registration #.

My question (sorry so long winded)...

Is there any way I can get them to stop using our Registered Trademark without having to hire an attorney?

Thanks!

Omegagirl
 


divgradcurl

Senior Member
"Is there any way I can get them to stop using our Registered Trademark without having to hire an attorney?"

No.

You already sent them a cease-and-desist letter, they told you to take a hike. Unless you are ready to break out the big guns, i.e., a lawyer, then there is nothing more you can do.

Before you decide whether or not to get a lawyer, however, remember that you need to enforce your trademark rights or you could lose them...
 
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omegagirl

Guest
Trademark rights

Before you decide whether or not to get a lawyer, however, remember that you need to enforce your trademark rights or you could lose them...

What do you mean by enforcing our trademark rights? (It's all over our site, stationary, business cards, greeting cards, etc. )



Penna
 

divgradcurl

Senior Member
"What do you mean by enforcing our trademark rights? (It's all over our site, stationary, business cards, greeting cards, etc. )"

Trademark rights, unlike Copyright and Patent rights, are really use 'em or lose 'em -- basically, if you allow others to infringe on your trademark without recourse, you can lose the right to stop anyone from infringing. That's why you see McDonalds going after kid's lemonade stands and the like -- it doesn't really matter that its a de minimus or otherwise insubstantial infringement -- any infringement at all, left unchecked, could potentialy result in the trademark holder being unable to enforce their trademark against anyone.

Finally, trademark rights, like other intellectual property rights (and most legal rights overall) are not self-executing -- you need to enforce your rights yourself. The cops aren't going to come out and arrest someone for alleged trademark infringement -- it's up to you to hire a lawyer and do the enforcing!

Your best bet now is to take all of your information down to a lawyer experienced in trademarks -- many lawyers offer a free or reduced-cost initial consultation -- and let them review all of the facts, and determine what is the proper next step. Perhaps a cease-and-desist from an attorney will have more effect than your own letter...
 

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