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Re: Re: Plural Usage? Is it legal?[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Jerry on October 11, 2002 at 04:45:55: In Reply to: Re: Plural Usage? Is it legal? posted by Patrick W. Fletcher, Esq. on October 09, 2002 at 16:55:20: : 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 : www.internetdisputes.org We own the mark and have had it registered for close to two decades. Our name is not a common one and we have no problems other than a handful of cases where we have talked to the other business owner and they have gracefully ceased using any of our property. However, this person has just crawled under my skin on this one and claims we have no rights and can not make them change. I knew this was a little bit of a grey area, but they claim since they have an "S" at the end of their name, nothing we can do about it. May be in touch with both you an Mr. Auslander if I can not make them see the light. Jerry
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