readytoscream
Member
What is the name of your state? Texas
A month ago or so, it came to our attention that there was another business in our area using our name. We have used this name in commerce since 1993, and it is a state registered trademark.
The other business performs some of the same and some similiar services to ours. On an internet search for the area, it will bring up both of us. He has been using the name since 2003 (coincidentally, within a month before he began using it, there was a large write-up in a major area newspaper about our business.)
I have called and talked to the owner, and politely asked that the name not be used anymore. When that didn't work, we sent a cease and desist, which requested a written answer to what they planned on doing about the situation. Instead of a letter in reply, I had the gentleman calling our businness two and three times a day. When I was finally available to talk to him, he told me that he was not going to stop using the name, as he had it "registered" locally - he filed a DBA or assumed name.
I waited the period that the cease and desist required, then again sent a letter stating that he had failed to comply with the cease and desist and also he had failed to make a written response within the requested time. I have heard nothing further from him, and when I called to talk to him this morning (he wasn't there), they are still answering the phone with OUR name.
I know that we have rights under both state and federal law regarding protection from infringement and the like.
My question is, what should be our next step? Is there anything else that we can personally do?
I have contacted a few attorneys and am still waiting on call-backs.
A month ago or so, it came to our attention that there was another business in our area using our name. We have used this name in commerce since 1993, and it is a state registered trademark.
The other business performs some of the same and some similiar services to ours. On an internet search for the area, it will bring up both of us. He has been using the name since 2003 (coincidentally, within a month before he began using it, there was a large write-up in a major area newspaper about our business.)
I have called and talked to the owner, and politely asked that the name not be used anymore. When that didn't work, we sent a cease and desist, which requested a written answer to what they planned on doing about the situation. Instead of a letter in reply, I had the gentleman calling our businness two and three times a day. When I was finally available to talk to him, he told me that he was not going to stop using the name, as he had it "registered" locally - he filed a DBA or assumed name.
I waited the period that the cease and desist required, then again sent a letter stating that he had failed to comply with the cease and desist and also he had failed to make a written response within the requested time. I have heard nothing further from him, and when I called to talk to him this morning (he wasn't there), they are still answering the phone with OUR name.
I know that we have rights under both state and federal law regarding protection from infringement and the like.
My question is, what should be our next step? Is there anything else that we can personally do?
I have contacted a few attorneys and am still waiting on call-backs.