Re: Now What?

Subject: Re: Re: Now What?

Comments:
: : 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 : : service mark. : : 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 : Dear Eric, : At this point you need Intellectual Property counsel you can trust. It is not even clear if you have a registraion. Your quoting of law sounds good, but do you understand the whole picture. : I'll wager that the husband, is not an Intellectual Property lawyer. : The ball is in your court and the clock now is ticking on laches. : 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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