Re: Name ownership dispute

Subject: Re: Re: Name ownership dispute

Comments:
: : I started a business using a specific name (since this might be in court soon, I will not use exact names, but instead I will use examples), and about two weeks after I started conducting business, a competitor came out with the exact same service, and the exact same name, with a different spelling. My business is called "Moviephone," and his is called "MovieFone." The exact same concept, same system, and I know he stole it from me. Regardless of him stealing it, since that cannot be proven, I have proof that I was conducting this business first. The only problem is he trademarked Moviefone, and I didn't trademark Moviephone as of yet. What can I do? Can I make him stop conducting business even though I have yet to trademark my name (although I will soon do that)? : Dear Mr. Hinsley, : E arly L egal A dvice I s N ot E xpensive. You are unfortunately on the late side. : Without taking professional responsibility for this answer, my belief is that if you were the first to use the mark that you have a prior right. : If there is interstate use you have a right to register your mark Federally and may with our without interstate use be able to cancel the other registration if it is not yet incontestable. : Confusion is based on looks like, sounds like or means like and the goods or servives to which it applies. Even on a state level there should be redress. You may even be entitled to provable damages. : With luck in court you may even be able to win your attorney's fees, particularly for willful infringement. : On a Federal level the enforcement is more uniform and may be easier. There are never pat solutions, if there were there would be no need for lawyers. A detailed analysis to the facts is necessary. You have to find an Intellectual Property Lawyer you can trust. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop(sm) : E arly L egal A dvice I s N ot E xpensive(sm)

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