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

Subject: 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 : : JD, the root of the issues is that to claim "infringment" the violator must be a competitor. To claim "dilution" the violation must hurt the reputation of, or in some way 'dilute' the value of your service mark. If they are providing a legitimate service and they are not 'diluting the value' of your service mark, it will be a difficult battle. you may want to check to see if they have a website that may 'divert' internet traffic interested in your product away from you. : Dear Marc, : From what you say there is very little that you can do but write letter or spend a lot of legal 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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