Re: Plural Usage? Is it legal?

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

Comments:
: : 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 : DearJerry, : From what you have said it looks as if there is infingement. Their continued use after a warning may set them of for liabililty for willful infringement. : If it comes to litigation, it is expensive but also for the infringer. A willful infringer may be liable for plaintiff's attorney's fees. : 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® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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