Trademark and Defamation of character issues

[whatsleep]

What is the name of your state washington(only U.S. law)?

Ive developed a media presence over the years which has required me to register (and was granted) a US Federal trademark for me/my company.

the problem is urban dictionary.com , they have listed my trademark (and my real name) and very disgusting "keywords" to describe me/my business.

There were actually 2 entries.

Ive reached out to them via their mail contact and they removed one of the entries. the second entry, they kept on their website stating that the definition was " too popular" for them to remove.

not only do potential clients read this horrible, slanderous definition. They (UD) are selling items with my federal trademark on shirts, hats,cups,etc...

They have since ignored all of my attempts to have them remove it...ignoring the fact that its my trademark and my name they are selling products off... and causing emotional harm to me and my family and damaging my reputation.

They simply will not remove it, what are my options at this point?

 

[justalayman]

[QU

They simply will not remove it, what are my options at this point?

sounds like it's time to hire a lawyer. You must defend your TM rights. If the entity will not cease use of your mark with a simple notice, suing them is often the next step.

as to the defamation; same thing.


Since publishing all your personal info here is not recommended and in the end, still allows for nothing more than informed suggestion, you would be best served by speaking with an attorney to determine if the use is infringing and if there is actionable defamation.

 

[quincy]

What is the name of your state washington(only U.S. law)?

Ive developed a media presence over the years which has required me to register (and was granted) a US Federal trademark for me/my company.

the problem is urban dictionary.com , they have listed my trademark (and my real name) and very disgusting "keywords" to describe me/my business.

There were actually 2 entries.

Ive reached out to them via their mail contact and they removed one of the entries. the second entry, they kept on their website stating that the definition was " too popular" for them to remove.

not only do potential clients read this horrible, slanderous definition. They (UD) are selling items with my federal trademark on shirts, hats,cups,etc...

They have since ignored all of my attempts to have them remove it...ignoring the fact that its my trademark and my name they are selling products off... and causing emotional harm to me and my family and damaging my reputation.

They simply will not remove it, what are my options at this point?

What options you have depend on several different facts and factors. These can include your name, the trademarked name, the reason for the popularity of the name, what the Urban Dictionary definition is and why it became a definition in the first place, what your trademark protects in the way of goods or services, and so on.

Because we cannot do a personal review on this forum, I agree with justalayman that you will need an attorney in your area to personally review all facts. This is the best way to determine if there is any legal action available for you to pursue.

Good luck.

 

[whatsleep]

Thank you VERY much for taking the time to respond to my issue. I'll research lawyers in my area and report back when I get more info to help anyone else with this same problem.

I just don't understand companies like that.

 

[quincy]

Thank you VERY much for taking the time to respond to my issue. I'll research lawyers in my area and report back when I get more info to help anyone else with this same problem.

I just don't understand companies like that.

Some companies concentrate so hard on the financial aspects of operating, and the money they are making, that they fail to recognize (or choose not to recognize) the harm they might be causing.

I think you are smart to have the facts personally reviewed by an attorney in your area.

You can keep in mind that, for defamation, five elements must be met in order to be successful with a claim. A statement that is made must, first of all, be defamatory. There can often be fine lines between opinion (which is fine) and parody (which is fine) and making a statement that injures a reputation (which is not fine). Second, the defamatory statement must be communicated to at least one person other than the one defamed. An online publication meets this element. Third, the statement must be communicated with the requisite degree of fault (which often means with negligence but can mean with actual malice). There must be demonstrable harm resulting from the communication. Harm can be an economic harm but can also be a demonstrated shunning or ridicule or humiliation.

And, finally, the defamatory statement must be shown to be about the particular person or entity filing suit.

While this last element seems obvious, it is not always so. In the case of common names or with only a description of the person or entity (no name), this can be difficult to prove.

Trademark law centers on consumer confusion. If a consumer is not confused by another's use of a name or even a logo (thinking one is connected with the other), there may not be an infringement on the trademark rights of the holder of the trademark, or one that would support a legal action. If a trademarked name or logo is confusingly similar to one already in use, and this confusingly similar mark or logo is used on a competing good or service, then the infringement is more apparent. Disparagement of a mark (for example, stating something that is untrue or that harms the reputation of the mark) can also be reason to pursue legal action.

Again, it is good that you are having an attorney in your area review all facts. I wish you good luck. And thanks for the thanks.