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[mbuck]

I registered my trademark in Feb. 2010.  I first used it in 2001 and began using it in commerce in 2003. Up to this point have had only minor problems with people stealing my content.  However recently multiple problems coming up. People using my trademark name on You Tube, Facebook, Twitter promoting themselves and/or their videos. My site name is my trademark .com and .net  so I have to imagine they know of me. The people using my trademark are either adding a space or a hypen turning my trademark into two words instead of one.  I make very little $ with my websites, my proceeds go to charity (doing graphics and providing online interactive stories). Have worked my way up to fairly high position on most search engines - now those other sites are appearing up there as well.  Is there anything in trademark law that protects against people turning my one word trademark into two words?  The other sites are working in multi-media and the category I picked for my trademark was "providing graphic and multimedia design services" Any help would be appreciated.  Thank you.

[JSonnabend]

Ask yourself this question: "if I create an mp3 player and call it 'I-POD', will Apple have a claim against me?"  The answer is obvious, I think.  Playing grammatical games with marks is not enough to avoid infringement, generally speaking.

- Jeff

[mbuck]

Thank you.  Your response has encouraged me to start some serious follow-thru in getting the individual, or You Tube, Facebook, or Twitter to cease infringement on my trademark. 

[BobRoberts]

"has encouraged me to start some serious follow-thru"

Follow-thru (policing your trademark) is important, because failure to stop infringers could eventually result in your not being able to stop another from infringement.  Usually estoppel doesn't kick in for at least 2-4 years of not stopping an infringer, but every case is different...

[mbuck]

I'm aware that it can't be put off too long but needed to be sure it was something that could be enforced. Not even sure at this point that I'll be able to contact these people directly - they have no skin in the game it seems (no domain, hence no "whois" data to find street addresses, etc.) one seems to act thru a website like a "guest" or "featured writer/actor" as well as accounts with Facebook, Twitter, You Tube.  Certainly I can send messages perhaps to these people via their social network message centers, but also assuming it may be necessary to contact admin. at these social networks as well at some point. In process of preparing a cease and desist letter that doesn't come across as too strong armed. There's a chance they are unaware (but I seriously doubt that).  Figure I'll try to make contact with these people and if that doesn't work take my case to the social networks or to websites promoting them.  If there's a better way to pursue this any suggestion would be welcome.  Thanks.