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Re: $$BIG COMPANY$$ TOOK MY MARKED NAME[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M. Arthur Auslander on October 11, 2000 at 04:32:13: In Reply to: $$BIG COMPANY$$ TOOK MY MARKED NAME posted by norman on October 10, 2000 at 19:08:53: : I need the help of the members of the board and a tough, no nonsense lawyer who will fight for my rights regarding a blatant theft of my trademarked name by a company that has used it to make millions and infact has it plastered all over billboards !!! : I trademarked a name back in 1988 that was for a courier business that I was doing. I unfortunately was unable to pay the bills and tried to get other courier companies interested in using me to sub-contract their work under my trademarked name or to purchase the name from me because of it's uniqueness. : Since 1988 I have been sending letters and making calls up to last week when I learned that there is a company using my trademarked name. I found them when I tried to register my name on the internet and it came up. I called them and they told me that they have been using MY name for 10 years !!! I had iron clad rights up to 1996. They also told me to basically drop dead !! They have a large courier company that moves tons of freight and have a massive business !!! : When I registered the name in 1988, I was never told by anyone at PTO that I had to renew the name on the 5'th to 6'th year.(1996) I also had moved so if they tried to contact me I would not have known about it. I looked up my name and saw that it was cancelled due to a section 8. I called the PTO and they told me to re-register the name and I sent a check for $325 by express mail with their web site documents and included my registration number from 1988. I did this after the PTO told me on the phone that the company NEVER applied for a trademark. I was told by the PTO that I have common law rights to the name and that it cannot just be taken from me. They told me that if they did file for a trademark that I could even protest it. My re-registration went out on 10/7/00 by express mail and was received today 10/10/00 at 9:40 am. : I called several trademark lawyers in NYC that laughed at me and told me that the odds were a million to one for me to get a dime. They told me to give them 5-15,000 dollars for a lawsuit. They said that because I was not actively carrying letters and packages etc, and just trying to get people interested in my services or buying the name... that is not USING the name and the small amount of work that I did do back in 1988 does not constitute usage of the name and the company had the right to rip me off. : The company that stole my name is huge !!! They ought to pay big bucks for ripping me off !!! Is there a lawyer out there that will help me ?? I will take 40% and you can take the 60% of the monies because I do not have 5-15,000 to spend. : please contact me at normanwest@email.com Dear Norman, Early Legal Advise Is Not Expensive. If you had been advised early you might not have gotten in to the situation you are now in. M. Arthur Auslander
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