Re: Re: They are stealing my name!

Subject: Re: Re: Re: They are stealing my name!

Comments:
: : : : If you have used the name in interstate commerce before they did, you most likely have a 'common law' trademark, despite the fact that it's not registered. An attorney will be able to provide you with the legal means to defend it. : : : I don't have a trademark on my product name, but it is a well established product I sell on a domain name of the same name. : : : Another company has a number of domain names specific to their products too. However, one product they sell has the same name as my product and my domain name for that product. There is no chance they could have overlooked the fact I own the domain name, yet they have chosen to name their product the same as my product anyway to confuse my customers and profit from our good reputation. : : : Is there any way I can get them to stop using my name even though it is not trademarked? : : : Thanks in advance. This is very unpleasant. I hope you'll have some good ideas. : : : M.C. : Dear M.C., : A careful study of the facts may enable you to assert your rights. The usage may have established trademark or service mark right that may even be registerable. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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