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   They just won't stop!
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   Author  Topic: They just won't stop!  (Read 1649 times)
Audrey Gulsby
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They just won't stop!
« on: Dec 28th, 2007, 11:06am »
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My company won a trademark battle a couple of years ago. This guy who was once a part of my company had created many websites (many years after leaving the company) with our company's name in the url and sells the exact same product as us, only with a different name. He claimed that he was selling our product, but had to change the name.  
 
The guy filed for bankruptcy so we never were paid for our loss in money. That's fine. However, since then he still claims to be us, he uses the same websites, and uses my company's name in the meta tags and keywords. He has even been slanderous of my company.
 
My question is, what do I need to do?
 
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bcapehart
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Re: They just won't stop!
« Reply #1 on: Dec 28th, 2007, 11:30am »
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AG-
 
You have a few options depending on what exactly he is doing and what exactly you won a few years ago. If you previously obtained an order, or a settlement agreement, prohibiting the actions he is now doing, you could seek an order for contempt in the case of the court order or file an action for breach of agreement if there was a settlement. If some, or all, of his current actions are outside the scope of the previous resolution (you did not indicate if there was a court order or a settlement), then your best bet to stop him would be to seek an injunction.
 
You should consider contacting the attorney you previously used, assuming you used one, to discuss your options. If you did not use one, let me know. I can provide referrals.
 
Brent
« Last Edit: Dec 28th, 2007, 11:32am by bcapehart » IP Logged

Brent A. Capehart
Patents, Trademarks, Copyrights
Deep in the Ozark Mountains
bcapehart@ozarklawyer.com
Audrey
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Re: They just won't stop!
« Reply #2 on: Dec 31st, 2007, 3:05pm »
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The attorney previously used was a friend of the previous owner and we no longer have contact with him. I would greatly appreciate a referral. Everything happened before the company was bought from the previous owner and I am not familiar enough with legal wordage to completely understand the court findings from the previous cases. If you could refer someone who wouldn't mind dumbing it down for me, that would be wonderful. Thanks
 
AG
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Lyza
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Re: They just won't stop!
« Reply #3 on: Jan 1st, 2008, 7:03am »
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Hi Audrey,
 
I too might also be able to steer you to counsel.  Please contact me off-list if you would like help.  Since IP is a federal practice, you may work with any qualified attorney in the US.  Hope this helps.  Thanks.
 
Lyza
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Lyza L. Sandgren, President/CEO
CanopyLegal LLC
lyza2855@gmail.com
www.canopylegal.com
North Amer. Rep for WebTMS TM Mgmt System
This message should be mistaken for or construed as legal advice.
bcapehart
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Re: They just won't stop!
« Reply #4 on: Jan 2nd, 2008, 2:46pm »
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AG - Drop me a note off-line and I will see what I can do.  Between Lyza and myself, we should be able to get a few names to you for your consideration.
 
Take care,
Brent
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Brent A. Capehart
Patents, Trademarks, Copyrights
Deep in the Ozark Mountains
bcapehart@ozarklawyer.com
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