Re: Re: Re: Use of name for a different service?

Subject: Re: Re: Re: Re: Use of name for a different service?

Comments:
: : : : Just trying to understand something. We have a business that is nationwide as far as retail on the net, and we have a federal registered copyright on our name. I came accross another business online using our name as one of their "Design" services, so I contacted them to discontinue using the name as it seems to me they are trading on our name. They reply with, "We are in a different indusrty, we can use it as a product name for this service since it is not within your industry!" Yet I feel this is not right and we should prevail. I am thinking in the right here? : : : : JD : : : Dear JD, : : : Names are not copyrightable. Do you use the services of an Intellectual Property Lawyer (whom you can trust)? : : : 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® : : : : Ok, so maybe I should ask my question in a different way. We have a registered servicemark, the other company is using our name as one of their services. Is this legal? Is it something worth defending here or am at challenging something that I have no control over? : : JD : Dear JD, : I cannot understand to problem on the basis of what has been set forth. Give me a call. : 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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