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Re: When is a trademark enforcable

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Posted by M. Arthur Auslander on November 22, 1999 at 18:01:36:

In Reply to: When is a trademark enforcable posted by Perry Belcher on November 22, 1999 at 15:42:50:

: I own a website that has a misspelled name. It takes a lot of hits because of it's similarity to the name spelled correctly (a site owned by someone else). Myself and the other party registered the domains at around he same time with NSI. The other party has filed a trademark application bt it has not been issued a registration # yet. Can they enforce a trademark that has not been issued yet? What are the rights of a company that has only appliad for a mark? Does anyone know an attorney that could help me with this without breaking me? Thanks for your help Perry
I'm such an attorney. On the surface it looks as if you could be in trouble if the trademark owner has money enought to go after you.
M. Arthur Auslander
E arly L egal A dvice I s N ot E xpensive
ELAINE's Workshop (sm):
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com

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Subject: Re: Re: When is a trademark enforcable

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: : I own a website that has a misspelled name. It takes a lot of hits because of it's similarity to the name spelled correctly (a site owned by someone else). Myself and the other party registered the domains at around he same time with NSI. The other party has filed a trademark application bt it has not been issued a registration # yet. Can they enforce a trademark that has not been issued yet? What are the rights of a company that has only appliad for a mark? Does anyone know an attorney that could help me with this without breaking me? Thanks for your help Perry : I'm such an attorney. On the surface it looks as if you could be in trouble if the trademark owner has money enought to go after you. : M. Arthur Auslander : E arly L egal A dvice I s N ot E xpensive : ELAINE's Workshop (sm): : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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Re: When is a trademark enforcable

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This is the Old Trademark Forum. It is no longer operational.
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