Re: Plural Usage? Is it legal?

Subject: Re: Re: Plural Usage? Is it legal?

Comments:
: Dear Jerry: : The standard for trademark infringement is "confusingly similar." Accordingly, merely adding "s" to a mark will not preclude liability. However, he may claim that he was unaware of your mark and thereby entitled to use it as a good faith junior user. Have you already registered your trademark? : If you would like to discuss this matter further or have any other questions, please do not hesitate to call me at the number below for a free consultation. : Sincerely, : Patrick W. Fletcher : Fletcher Law Offices : 2600 Michelson Drive : 17th Floor : Irvine, CA 92612 : (949) 723-0111 : (949) 723-0182 Fax : www.internetdisputes.org : www.copyrightsolutions.org : www.trademarksolutions.org : : : I am running a small business where we do own the service mark and have for close to 18 years. I found out last week of another business, in another state running under the same name. We have sent them a certified letter asking them the cease use. I received back a letter today they operate under the same name but in plural "s" on the end, so they are not stepping on any toes. Yet their Yellow page ad and they answer the phone as our name. : : If they are in operation as let say "John's Automotives" and we are "John's Automotive" within the same field, does this give them any legal right of use to the name? : : Thanks

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