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Re: Re: Now What?[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Eric on February 10, 2001 at 20:45:32: In Reply to: Re: Now What? posted by M. Arthur Auslander on February 10, 2001 at 05:50:01: : : 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 : 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 : Dear M. Arthur, Thanks for your reply, I am going to seek an I.P. Council Person as per your statement. I do feel this person and her husband feel they can overstep the law since he holds a degree. This also maddens me because I know they will also play the usual cat-and-mouse game most lawyers do, and more so since he has a personal stake in the situation. Is there anything further I should do to help build a case against them or help speed the process? I only fear this will drag on and cost thousands to fight. Thanks again, and I hope to post soon about happy news. Eric
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