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Author Topic: US Trademark infringement  (Read 569 times)

nanjferret

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US Trademark infringement
« on: 03-24-11 at 12:50 pm »

I have a US registered trademark that just went through the 5-6 year renewal and was awarded incontestability.  There is an EBay store using an extremely close same name (same name but with two "t's" instead of one in the name) for their business and sells the same products.  My business has been confused with theirs as well.  It seems that under the Trademark law I have a case of infringement.  How would it be best to proceed on this?  I have tried to contact EBay as by law they are not supposed to be hosting a business with infringement but they will not acknowledge any of my emails.  Are there any good legal specialists out there that could be recommended.  I also seem to have heard of a company online that specializes with this type of thing, especially concerning EBay.  Anyone know where to find them?  Thank you!
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JSonnabend

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Re: US Trademark infringement
« Reply #1 on: 04-12-11 at 07:53 am »

Ebay has legal contact information listed somewhere.  Search for "DMCA" in their legal documents as a start.  While the DMCA does not apply to trademark matters, it might point you in the right direction for a contact.  Also, in my experience, DMCA style letters on TM matters can be effective.

You should also contact the infringer directly if you are able to locate them.

Finally, you might consider using an attorney to handle this matter for you, as attorneys often get results where individuals acting on their own behalves cannot.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
 



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