I bought a business just recently, and another person who used to be affiliated with my business decided to start there own exact same one, except they left out one letter… ex.
George’s Online Store(s)
George’s Online Store( )
This person made there own business using all my copyrighted info which i purchased the rights to because the previous owner ran the business poorly.
I purchased it, put a lot of money into it and now im finding out that their using it. Only thing is, I am just filing for a trademark now, but my business has been running since 1990, this other person just started theirs.
I understand I probably have to wait for it to be approved, but is their anything I can do in the mean time. This person is ridiculous, who would be that stupid when they could get sued?!
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Someone Is Deliberately Using My Trademark?
Posted on November 9, 2010.
The best advice I can give is talking to a lawyer, and not a public answer forum.
Get a lawyer and sue. You need to establish you used the item to be trademarked for a long time. It’s not a race to see who trademarked first.
Under the law, when you use a mark in trade, you can sue someone else for using a similar mark that is likely to cause consumer confusion, thinking that their product is made by you.
You do not have to have a federal trademark registration to sue for trademark infringement, but you will get more damages and have an easier time winning with a registered mark, and the protections are broader.
You should find a good Intellectual Property (IP) lawyer, but be prepared to shell out some serious money to file a suit.
Send a nasty letter stating you will take legal action if they dont stop using your trademark.
The shock of the letter might scare them into changing.
Rather than going into a heavy court case over it.
If they dont stop, then pursue legal action.