Quote:
Originally Posted by marketsmart
thank you for the great response..
i have been formulating this product since 2008, but its taken 2 years up until development.
they came in and clearly bought their domain because i had taken the one that they wanted..
i was granted a trademark and i am manufacturing a product where they are not..
i have used the name in establishing a commercial intent since 2009, but i have had neither a site or a product prior to 2010.
i dont know if that makes a difference. in my mind i had a clear plan since 2008 to develop this product and then this other company just came in and created an ecommerce site that is reselling others products..
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Marketsmart, if you go into court with "your intent" vs there "actually doing business"...their lawyer will have you for lunch. Also, it does not matter that you are a mfg and they are a retailer, what matters is that they were doing real business 1st
