Recently Asked Questions - Someone is copying my Trademark, what do I do?

Page 6 of 7

Can an unfamous mark be protected?

Can an unfamous mark be protected?

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
Truthfully, can a small company with a US registratation and nominal interstate use protect the rights of their mark against a larger company that starts using the same name, in the same industry?  

It seems the law only protects the big companies, and the smaller ones, without large exposure, really don't have rights, even with a registration.  My small software company has a registered mark and a larger company started using the same name in a different design.  After ...
Hey, someone

Hey, someone's using our name!

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
OK. I posted this in the copyright forum, which was in error.  Problem:
Our band lost a member who ran off to start his own band using the same band name. He filed for marks at the state level. We had no previous TM. We are still a working band and the name carries significant monetary value. We are all founding members. He plans to block our use of the name.
Is there legal recourse?
Please help.
Trademark Infringement by Major Corp.

Trademark Infringement by Major Corp.

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
While working at an ad agency a few years ago, I presented a talk show forum idea--which was my idea that was trademarked before I began working at the agency.  I presented it to the client who, at the time, decided to not move forward with the project.  They were well aware of the trademark and all documentation indicates the trademark.  The agency, too, knew of its trademark status.

After a successful reign with the agency, I moved on a year later.

Earlier this ...
Someone copyrighted MY proper name, now what?

Someone copyrighted MY proper name, now what?

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
I have been using my first and middle name to identify my original clothing designs, which I've been selling for several years in boutiques.

Recently I found out that someone else is using MY name for a line of shoes. I checked the uspto.gov site, and they've registered the name for footwear. They write the two names as one word, with no spaces.  The listing indicates that, in their case, the name in the mark does not identify a living individual.

What can I do? I don't se...
TM name in use but not TMed? (I

TM name in use but not TMed? (I'm the author)

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
I came up with names for a company that I have since parted ways with.  They are using my names still for their products, despite not having paid me for them.  They haven't thought to TM the names yet - so can I?  I either want to get paid for the work I did, or keep them from using my work for free.  Can I even do this???
Potential Infringement

Potential Infringement

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
I have just purchased a company, in that purchase came the trademarks for the business name.
I am very green to trademarks and business ownership so I have a couple of questions.

I have a company named Natural Way(example) and a url of natural-way dot com.  The trademark is registered as Natural Way.  I sell all natural products.

I recently found a company with a url of anaturalway dot com. With products labeled in their site as Natural Way Products.  They are ...
Trademark Infringement . . . fight or flee?

Trademark Infringement . . . fight or flee?

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
Thank you in advance for any help you can give me regarding Trademark Infringement. I am having a problem with a company using my trademark name in the title of their search engine listings (not Ads, just bold titles that appear on the first page - left side - when the trademark name is searched) and the link goes to their company website to sell a product identical to mine but made out of a different material.

History of problem: My trademark name (ex: Toodles) refers to a product fro...
Send cease and desist to retailers?

Send cease and desist to retailers?

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
I own a trademark that is registered.  Another company is using the same mark on the same goods.  I have sent a C&D to the company but they won't stop.  Can I put more pressure on them by sending C&D's to their retailers?  Is their a downside to this practice?  What about just calling them and letting them know of the infringed activity?
company using my trademark

company using my trademark

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
I am the lawful registered owner of  2 trademarks with the USPTO.

A company is using my exact same marks, in the same classifications, despite being sent a letter to cease and desist.

The infringing company had tried to register the marks but were refused by the USPTO based on my prior registration. I am activlely using the marks and have been for several years.

What is my next recourse? Can I get an injunction against these guys to prevent them from using the mark?...
Is amount of business a factor?

Is amount of business a factor?

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
I own a trademark that is registered.  Another party has since begun using the identical trademark on the same goods.  They have had more success than me.  I have only sold a minimum amount but continue to sell online and in a small number of stores.  Is my small size a factor in me protecting my trademark rights?

Thanks.