should I be worried?

Posted by . updated on 11/11/2009
I own a small t-shirt selling business who sells mainly on cafepress.com (online t-shirt website).  I have a registration for the trademark I use as my business name and clothing brand.  I'll say it's "Boomerang."  Recently I contacted a large manufacturer and distributorship of t-shirts in the hopes they could produce and develop my brand.  To my excitement, the owner of the manufacturing company said they loved the line, that they wanted to develop it and that a licensing arrangement would be worked out.  This was in writing through email.

Now its been a month and I am getting brushed off by the secretary and the owner seems to be avoiding me.  He hasn't come out and said "get lost, I'm not interested," but he doesn't return calls, yet still says he'll be getting in touch with me. 

My thought now is that he and the company have decided to pursue this brand without me and they have taken my designs and concepts and are tweeking them.  Could they get away with using my brand by changing the appearance or logo even though I have trademarked it?  Because I only sell on cafepress.com and have a limited amount of sales, could they just steal my mark and begin using it without involving me?  Thanks for your answers.
Answers (1)
 
JSonnabend
Assuming your registration is valid and your use in commerce continues (hasn't been abandoned, actually), then the company you approached will be foreclosed from using any brand that is confusingly similar to yours.

- Jeff
 

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