trademark problem with web site?

[kdumas]

What is the name of your state? California

Hi there,

I'm a web designer. I just got this email from one of my new customers. Can you help me figure out what to tell her? The web site is: http://www.nufacesdayspa.com

I don't know if you have experience on this matter. I was contacted by a guy who said he has the name nuface trademarked and when he saw our website confronted me. He contacted us in the past about our name and when I told him this name has been an established business since the early 80's he kind of backed off, but now with the website up we've heard from him again. When you did a domain check, did anything come up?

He sells products private labeled nuface, not nufaces and anyways I assured him that I appreciated his hard work establishing his products and that I had no near plans to private label under this name and now that I know the name is trademarked won't think of using the name if and when I do decide to private label. I told him I'm not taking down my website, that I think I have a right to use the name of the business as an extension on the web. So I'm asking people like you and I'll seek out other knowledgeable people on the subject. I don't feel too threatened, yet I need to get educated on this matter - any input you have will be helpful.

 

[hexeliebe]

you need to talk to a copyright/trademark

attorney who can do a search for you. As a brief, very brief discussion on the issue, this has come up before in international cases where a business is (for example) registered in a european country in one year and say 10 years later the same is registered in the U.S.

International decisions are based on "First come, first served" principle so although he may have the name trademarked, you could, if you can prove you've been in business for years before the trademark was given, prove your right to use the name.

Again, this is recent international court decisions and you need to find a local patent attorney who could address the search and ownership of this trademark for you.