Re: Re: Re: Re: Now What?

Subject: Re: Re: Re: 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 : : : : : : : : : : : 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 : : Sorry, but one more quick question... : : Your comment: "The ball is in your court and the clock now is ticking on laches." : : Is there a statue of limitations on this? and if so how long? : : Thanks : Dear Eric, : The ball is in your court, means now is the time to take action. You say you are getting IP counsel. Do you know IP counsel you can trust? I suspect you are going to try to play it too close to the vest in ignorance. What kind of law do you think we practice? Negligence law???? : 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

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any trademark or any facts relating to your circumstances. See a lawyer.
Before you post a message you must agree to the Terms of Use.