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Re: Infringement or Not?

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Posted by George H. Mills on April 12, 1999 at 20:18:45:

In Reply to: Infringement or Not? posted by Deanie Bahan on April 05, 1999 at 07:32:05:

I am going to get this posting figured out yet!! Here goes again. It depends on whether or not you started using the mark before the mark was registered. If you were using the mark before the mark was registered then you should be able to fend off the cease and desist letter. Have your attorney determine when the mark was registered and when you started using the mark. There also may be some other defenses to the cease and desist letter, but they could be expensive. Another alternative is to negotiate, they will also have to spend money to come after you.

: About 10 months ago I started producing a line of foods from my company which is called "Deanie's Sugarfree Kitchen". I recently got a cease and desist letter from a company who says they have trademarked the word "Deanie's". After doing a search, I find that they have trademarked "Deanie's" for use with a restaurant, seafood, T-shirts, and a few other things. Looking in national yellow pages, I see quite a few businesses named "Deanie's Bar & Grill", etc.

: My lawyer says that changing the name of my company is cheaper than fighting them. I really don't want to do that since I have published 3 sugarfree cookbooks under my name (Deanie Comeaux Bahan)and I want the tie in. Does it really sound like I'm guilty of infringement?

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Subject: Re: Re: Infringement or Not?

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: : I am going to get this posting figured out yet!! Here goes again. It depends on whether or not you started using the mark before the mark was registered. If you were using the mark before the mark was registered then you should be able to fend off the cease and desist letter. Have your attorney determine when the mark was registered and when you started using the mark. There also may be some other defenses to the cease and desist letter, but they could be expensive. Another alternative is to negotiate, they will also have to spend money to come after you. : : About 10 months ago I started producing a line of foods from my company which is called "Deanie's Sugarfree Kitchen". I recently got a cease and desist letter from a company who says they have trademarked the word "Deanie's". After doing a search, I find that they have trademarked "Deanie's" for use with a restaurant, seafood, T-shirts, and a few other things. Looking in national yellow pages, I see quite a few businesses named "Deanie's Bar & Grill", etc. : : My lawyer says that changing the name of my company is cheaper than fighting them. I really don't want to do that since I have published 3 sugarfree cookbooks under my name (Deanie Comeaux Bahan)and I want the tie in. Does it really sound like I'm guilty of infringement?

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Re: Infringement or Not?

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This is the Old Trademark Forum. It is no longer operational.
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