Who here is good with trademarks

[Flame]

Well I'm in a small pickle and it's virgin territory for me. I'm not very familiar with trademarks, how they work and how you handle situations like...this one that I'm in. Don't want to go into too much details on the name and such I'm having issues with (on a public forum atleast), but basically, I received a cease and desist and curious how much validity they have. My Attorney told me I have to be ready to fork out some $$$$.$$ before he can fully help me (thanks bud), so figured I'd ask here.

Anyone want to PM me and just offer up a word of help/advice? It'd be much appreciated, I need some opinions.

 

[royster13]

Does the company whose logo is involved have more $$$s than you?.....If so, they usually win whether or not they have any legal standing....

As far as whether or not the C&D is valid, it will depend on how valid their claim is.....

 

[MatthewTimothy]

why are they sending a cease and desist?? if you do not have the permission and have reviewed their TM then yes they possibly have a case. Also, your lawyer is right, if they warn you, review their warning and question it. Dont be afraid to ask for proof, just cause the send you a warning doesnt mean you cant question what the issue is.

PM me for any more help

 

[TyrantDesigner]

I've sent a few in my time (generally design work that was never paid for or artwork that was used without my permission for something) Also seen more than a few in my day (not for me, had customers that received them for their company name that was already trademarked somewhere else or something equally monotonous) Really a cease and desist in most cases is a "Hey, I caught you ... stop it." sort of letter. 99% of the time they have the case in their favor if it comes down to a lawsuit so just be prepared if you want to fight it ... and pay out the rear end. Really if it's something like a name or branding, (which is highly the case when it comes to businesses) just make sure your paperwork is in order, use that opportunity to do a name change and send over new paperwork to the person/people/company that says your commiting the infraction ... courts tend to side with who has the trademark (TM first if in case of competing TM's)

Always consult a lawyer though since they will tell you the best route with the least bloodshed.

 

[Flame]

PMs sent...

and we'll just call this "pre-lawyer research", to get a clear view of what direction to take and I do appreciate all of your responses.

 

[Gino]

Well I'm in a small pickle and it's virgin territory for me. I'm not very familiar with trademarks, how they work and how you handle situations like...this one that I'm in. Don't want to go into too much details on the name and such I'm having issues with (on a public forum atleast), but basically, I received a cease and desist and curious how much validity they have. My Attorney told me I have to be ready to fork out some $$$$.$$ before he can fully help me (thanks bud), so figured I'd ask here.

Anyone want to PM me and just offer up a word of help/advice? It'd be much appreciated, I need some opinions.

Flamey, I'm no lawyer, but since you're not giving us enough details, you have to ask yourself something first.

Are you in fact, guilty of using someone else's property, whether it be a design, idea, product or whatever ??

If so, you're probably gonna need a lawyer in the end to assure the party who sent this C & D letter to you to prevent you from doing any further monetary or usage damage to that party or someone in it. If you haven't consulted with the first party on usage of whatever this item is... you are indeed infringing upon their rights and according to the financial loss they can muster up... you better get this behind you... and quickly.

 

[Flame]

Flamey, I'm no lawyer, but since you're not giving us enough details, you have to ask yourself something first.

Are you in fact, guilty of using someone else's property, whether it be a design, idea, product or whatever ??

If so, you're probably gonna need a lawyer in the end to assure the party who sent this C & D letter to you to prevent you from doing any further monetary or usage damage to that party or someone in it. If you haven't consulted with the first party on usage of whatever this item is... you are indeed infringing upon their rights and according to the financial loss they can muster up... you better get this behind you... and quickly.

No this is not using someone elses property or stealing a logo. Involves a company name similarity basically.

 

[MikePro]

Does the company whose logo is involved have more $$$s than you?.....If so, they usually win whether or not they have any legal standing....

+1 this. it sucks but that's how the legal system works these days.
whether or not you're in the right, its most likely easier to simply back-off.

 

[TyrantDesigner]

Come to think of it ... person you want to ask is ... god i think his name on the board was signs-r-us or something like that ... i remember reading a while ago (well before I joined) that he got TM infractions because of the use of the -R-Us in his company name by toys-r-us.

 

[GypsyGraphics]

you can give more information without disclosing the name of the business.
is the trademark issue regarding a company name or logo?

did the C&D letter come from a company with a Registered Trademark?

i haven't had to deal with copyright or trademark issues much, but have had two instances of out right logo theft, and client who's company name caused him a HUGE legal battle.

hard to give any advice with so little information though.

 

[Flame]

Well it's a clothing company I started last year. They started a few months before me and they have a trademark on the name I used. I didn't think of trademarking it, they did. They want me to quit using the name because they say they have that name locked down and no clothing company can use that name.

 

[Gino]

No this is not using someone elses property or stealing a logo. Involves a company name similarity basically.

Who had the name first and is yours registered ??

Lotsa people don't realize when they are doing business, that fictitious names must be registered. You must first apply for the name, they'll do a search and if they Okay it.... you're fine. However, whether you had the name first and someone else registered it before you.... you'll have to change it and it can't sound or imply anything the same.

So, if you had a business name like Flame's Dirtbike Signs Alley and it's not registered and some guy comes along and uses Greg's Dirtbike Signs Alley.... if he registers it... he can come after you.

If a name is totally different, but you use the same lettering style, colors and looks exactly the same, that most of the times is a.... no~no.

No one can use a R-US anymore. There are all kinds of rules on this chit and sometimes as you grow, someone will see you doing well, copy-cat your structure/model and then sue you for this very thing since they know you aren't probably registered and then they win.

 

[Locals Find!]

Well it's a clothing company I started last year. They started a few months before me and they have a trademark on the name I used. I didn't think of trademarking it, they did. They want me to quit using the name because they say they have that name locked down and no clothing company can use that name.

Is it a Registered Trademark?? If its not Registered and only a TM they may have a harder time enforcing it. Consult an attorney. I know a few good ones that might be able to help that have affordable Florida Prices.

 

[GypsyGraphics]

anyone can send out a C&D letter... have you seen proof that that the name indeed has a Registered Trademark?

they could just be blowing smoke... it happens a lot!

has their name "officially" appeared anywhere? that use to be a big consideration... the date of appearance.

i can't say much either, since this isn't in the premium section... but you can give me a call if you want. (sending pm)

 

[Flame]

Who had the name first and is yours registered ??

It's a DBA of my main shop business and I got the name. However there's another company, opposite side of the country, that got the name trademarked a few months before I got my name. Because of this, I feel they have some good grounds, but then again, can you trademark just 1 word and not have it ever printed on signs, shirts etc again? Even if the wordmarks, colors etc. are 100% different and unrelated?

have you seen proof that that the name indeed has a Registered Trademark?

Yes I looked it up, it is a active US trademark

 

[Fred Weiss]

In the absence of an actual registration, I think the first actual interstate use of the name establishes ownership of the trademark rights.

 

[ProWraps]

they started before you. they registered it before you.

let it go and move on bud. its throwing good money after bad. they have a very strong case.

sorry.

 

[Flame]

they started before you. they registered it before you.

let it go and move on bud. its throwing good money after bad. they have a very strong case.

sorry.

Honestly how I'm feeling too. Just checking all the bases ya know?

Not a fun ordeal :/

 

[rfulford]

It may boil down to who has been using the name longer. If you started using their trademarked name you probably do not have a chance. If they trademarked a name you have been using then you have a case to keep using it.

Oops. I took too long to post and this has already been said.

 

[signswi]

Are you selling on the internet across state lines or just within the state? Sometimes you can have the same name in the same industry as long as there's geographic separation. C&D's are just "pretty please" letters they have no authority. Seriously though if you care about it get advice from council.