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Re: Re: Re: Carrying Forward


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Posted by M. Arthur Auslander on February 14, 2001 at 13:02:00:

In Reply to: Re: Re: Carrying Forward posted by Derek on February 14, 2001 at 08:55:07:

: : : Just to get a better understanding, when or if a case moves forward to include an IP Council Person, what is the next step they will or should take? I am just trying to watch out for a lot of legal double talk and this draggin out.

: : : Thanks in advance.

: : Dear Derek,

Dear Derek,

As I remember, you sent the cease and desist and it was ignored. I was trying to say that it will likely cost an arm and a leg to sue.

It the infringer gets a letter from a responsible IP lawyer they may believe that you are serious and may be willing to stop based on the bluff.

You may well be able to stop them and they may back off without a fight later if they are sued but that is already getting into money.

If you think you can do it yourself, without a proper lawyer good luck to you.

I can understand wanting to save money but without proper action you are impotent.

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


: : There is no way you can avoid legal talk and dragging out. The Patent Office takes its time and feed back in legal language.

: : There is a lot to look out for. The are scams grossing $100M+ per year getting people to file patent applications. Only one in 10K make more money than they pay.

: : We start with a Reality Check (sm) to save time money and worry.

: : 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

:
: Hi Arthur,

: Thanks for your reply but I am not sure if we are on the same page here. We have sent a registered cease and disist letter to a company demanding they stop using our service mark as their business name and on the web. The company has ingnored even a reply.

: You previous suggestion was to talk with IP Council. My question is, what the next step should be the IP Council will take? In my dealing with legal affairs, there is always plenty of legal double talk when you get two lawyers echanging letters.

: Derek




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