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Re: Direct Infringment


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Posted by M. Arthur Auslander on January 17, 2001 at 12:52:20:

In Reply to: Direct Infringment posted by Derek on January 17, 2001 at 10:51:18:

: We have a situation where we have a registered trademark. I have several documented cases where there are several businesses operating under the same name and same type of business in the U.S. not tied to us.

: My questions is, what can or should we do to alert these businesses to the fact they are usiing a registered business name. What recourse can and should be taken if they will not comply.

: We are running into more and more confussion from our vendors and customers asking if the store in their area is under our website and store in the midwest. We are quickly becomming more of a supplier in our field due to the net and expansions serving the entire U.S. and Canada.

Dear Derek,

When you are dealing with the law, there is never black and white. There are always nuances that have to be taken into account and dealt with as early as possible.

From what you say you are in a good position but your position must be dealt with from the position of maximum strength.

We enjoy saving clients money. If the facts are right you may be able to be effective without even having to go to court.

You need experienced Intellectual Property counsel that you can trust.

We would be pleased to help. If you seek our help or any lawyer you can trust, it would be wise to deal direct so that your situation is not publicly visible to those who might be adversaries.

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 (sm)
E arly L egal A dvice I s N ot E xpensive




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