Re: Possible International Trademark problem

Subject: Re: Re: Possible International Trademark problem

Comments:
: : We have a registered business in a country outside of USA. We have a website with our business name .com.au. There is a business in the US with the same name and a website name .com. The business in the US is involved in printing, we are not and have recently started selling webiste content on the internet (not related to printing). We have received a cease and desist email form the owner of the US business, stating that we are trading on his trademark (which we are not). To date I have ignored this notice as I do not believe we are impinging on his trademark (which is registered in the classes covering printed goods and related products) in any way. Previously he sent emails asking if we would like to affiliate with his business because we had the same name, although he claimed it was 100% his name, I said "no". Since that time this person has found a business in the same field as ours and is offering it on his website - causing great confusion for us because it looks as if he is offering this service, but in fact it is a separate company in the US, which is stated in fine print, the owner of this other business (similar to ours) states that they offer services in our country when in fact they don't, hence the confusion for our customers, it looks like we don't exist. What can we do? : Dear Virginia, : From what you say, it seems as if you have correctly analyzed the situation. There may be more effectives ways to deal with the situation. Early Legal Advice Is Not Expensive. : 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 : America On line Instant Messenger screen name artauslander : ELAINE'S Workshop® : E arly L egal A dvice I s N ot E xpensive

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