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Now What?[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Eric Mellinger on February 09, 2001 at 14:15:26: First off, thank you for this service. This website has given me a better understanding of IP law and my rights under those laws. Keep up the great work! Ok, here is meat of this post: I hold a servicemark since 1984 on my business. Two weeks ago I found another business in another state operating under the same name and in the same business field as mine. I sent them a notice of infringement pointing directly at the Lanham Act, 15 USC 1051-1127 & Federal Law, Title 15 of the U.S Federal Commerce and Trade, Chapter 22, Subchapter III, Sec 1125a providing the general public with false, confusing or misleading representation of a federal registered The business owner replied via a telephone call where she was very vocal to me "So what, we were incorporated in 1990 and you are in a different state! Sue Me!" Later today I discover her husband is an Attourney. I guess my question is, are we are the point where we oubtain legal council and "Sue Her", or is there any federal proceedings we look at? The law states I have ownership, but does it require a lawyer and an act of congress to enforce my federal backed servicemark? Thanks in advance for your feedback. Eric
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