I own a service related business. My business has a very, very distinct name. Put it that way. Someone, who's practically in my backyard, started a business with a name that includes the distinct part of my business name.
I happen to have obtained a trademark on that distinct word within my industry. I'm the only one that can use that word within my industry. At this point I have contacted the business owner, then his lawyer, they ignored me. Then I had my lawyer contact his lawyer. They tried ignoring my lawyer. When my lawyer managed to talk to his lawyer, he made it sound like they don't agree I can restrain their use of this word, and they're not going to cease and desist under this identity. My lawyer tells me it's going to take 10's of thousands of dollars to take them to court. I don't have that kind of money. In my opinion, it's clear. He's violating my trademark, and he's creating market confusion. Can I even consider requesting a preliminary injunction on my own, and then filing a suit on my own? The details are really black and white. Thank you.
I happen to have obtained a trademark on that distinct word within my industry. I'm the only one that can use that word within my industry. At this point I have contacted the business owner, then his lawyer, they ignored me. Then I had my lawyer contact his lawyer. They tried ignoring my lawyer. When my lawyer managed to talk to his lawyer, he made it sound like they don't agree I can restrain their use of this word, and they're not going to cease and desist under this identity. My lawyer tells me it's going to take 10's of thousands of dollars to take them to court. I don't have that kind of money. In my opinion, it's clear. He's violating my trademark, and he's creating market confusion. Can I even consider requesting a preliminary injunction on my own, and then filing a suit on my own? The details are really black and white. Thank you.