Re: Re: Re: Re: Re: Can entity type (LLC) be taken away for sharing common words with a marketing program of another entity?

Subject: Re: Re: Re: Re: Re: Re: Can entity type (LLC) be taken away for sharing common words with a marketing program of another entity?

Comments:
: : Thanks, though I never ask for a free lunch. Just thought I may ask a fairly standard question to someone who lives and works in the intellectual law field. If you have any questions about sustainability and environmental products, I won't ask you for anything. I guess different fields work by different standards. For slander sake, I asked a question, not asked for your first born. I do appreciate your time and responses though. : : Regards : : Pete : : : : Thanks for the response. As a follow-up: assuming the organization I am going against, gets a state Trademark, can I create a business entity in another state. If this is done, would it enable me to keep the internet site (.com suffix), since it might be hard for the other organization to claim that my business is taking place soley in Colorado? : : : : If they only get a state Trademark, can I try for a Federal one, and how would that put me in the line-up as far a trademark strength, and my right to a website . THanks again. : : : : Regards Pete : : : : : : : : : : I have recently started an LLC company with two common english language words as the name. I was recently sent a letter from a lawyer claiming that his client has been using the same name for a marketing plan since 97'. He stated several things - that I knew this, that it was well recognized (locally and nationally), that my having the name would negatively affect the campaign, and that I needed to sign over the name to the other Organization, or a suit will be filed against me. I have the LLC registered with the Sec. of State. Do I have any reason to bow to their demands? And, can common words such as Built Green be considered Trademarkable? What course of action should I take? And, regardind domain names, if I have a .com, than they have an earlier registered .org, am I out of luck? Any help would be greatly appreciated. : : : : : : Regards : : : : : : Pete : : : : : Dear Pete, : : : : : You need Intellectual Property advice asap. : : : : : From what you have written unless you have acted in bad faith there a limits on what they can do. : : : : : Give us a call. : : : : : 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 Pete, : : : You have complex problems to deal with. The are more complex when limited to correspondence reposonse. It take a lot of time to ask questions back. : : : What is more these answer are for support not legal representation. You don't get free legal aid for your important business problems. I don't want to see innocents get hurt nor good business go wrong for lack of good sophisticated early advice. : : : It's time though that you pay for a good Intellectual Property lawyer. Have you ever gotten a free diagnosis from you Doctor. Legal Aid doesn't pay the rent or the secretary nor the food on the table. : : : 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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