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The Walrus · 06-15-2007, 10:40 AM

If someone owns a business (Inc. LLC etc.) and they have yet to trademark the name, but I go ahead and do so, can I sue them for using MY trademarked name? Discuss.

fluffygrrl · 06-15-2007, 10:43 AM

You can only trademark a name if you're in good faith using it for business. You can only sue somebody who isn't.

Fap · 06-15-2007, 10:46 AM

and you have to be a dirtbag.

DateDoc · 06-15-2007, 10:47 AM

First use would come into play. If they can show they used it first and you are in the same type of business as them or your business would in someway tarnish their name you will lose.

Quote:

First use date
The date a mark was first used anywhere. In the United States, the first person to use a mark has priority, and can exclude all subsequent users of identical or confusingly similar marks.

The Walrus · 06-15-2007, 10:48 AM

Of course this is hypothetical. I just know there are lines one can cross and I have yet to trademark what it is I have and noticed neither has anyone else. I am watching my own back.

JMM · 06-15-2007, 10:49 AM

The other reply is correct.

Date of first use in commerce is the key.

You would lose.

Make a habit of it, and you might even lose bigger.

Matt 26z · 06-15-2007, 10:55 AM

You sound like a real stand up guy.

The Walrus · 06-15-2007, 10:59 AM

Quote:

Originally Posted by Matt 26z

You sound like a real stand up guy.

And you don't read entire threads before you respond

JP-pornshooter · 06-15-2007, 11:04 AM

i dont think you can register an INC with a trade marked name, they do some sort of search and will not allow it, even if it is not exactly a match..

LiveDose · 06-15-2007, 11:09 AM

A person/company that did that could be opening up a big can of worms and immense blowback depending on who they were toying with.

If that ever happened to us we would be relentless in using all legal and other means to destroy the other party and their business. I have almost been in a similar situation and the individuals who approached us backed down after we discussed the situation. Sometimes certain people get a little carried away trying to manipulate the law for personal gain.

06-15-2007, 10:40 AM	#1
The Walrus So Fucking Banned Join Date: Mar 2007 Posts: 898	GFY lawyers inside If someone owns a business (Inc. LLC etc.) and they have yet to trademark the name, but I go ahead and do so, can I sue them for using MY trademarked name? Discuss.

06-15-2007, 11:09 AM	#10
LiveDose Show Yer Tits! Industry Role: Join Date: Feb 2002 Location: Somewhere Out there... Posts: 25,792	A person/company that did that could be opening up a big can of worms and immense blowback depending on who they were toying with. If that ever happened to us we would be relentless in using all legal and other means to destroy the other party and their business. I have almost been in a similar situation and the individuals who approached us backed down after we discussed the situation. Sometimes certain people get a little carried away trying to manipulate the law for personal gain. __________________ Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

06-15-2007, 10:43 AM	#2
fluffygrrl So Fucking Banned Join Date: May 2006 Posts: 2,187	You can only trademark a name if you're in good faith using it for business. You can only sue somebody who isn't.

06-15-2007, 10:46 AM	#3
Fap Just Du It Industry Role: Join Date: Feb 2004 Posts: 12,094	and you have to be a dirtbag.

06-15-2007, 10:48 AM	#5
The Walrus So Fucking Banned Join Date: Mar 2007 Posts: 898	Of course this is hypothetical. I just know there are lines one can cross and I have yet to trademark what it is I have and noticed neither has anyone else. I am watching my own back.

06-15-2007, 10:49 AM	#6
JMM Confirmed User Join Date: Apr 2001 Posts: 1,755	The other reply is correct. Date of first use in commerce is the key. You would lose. Make a habit of it, and you might even lose bigger.

06-15-2007, 10:55 AM	#7
Matt 26z So Fucking Banned Industry Role: Join Date: Apr 2002 Location: ¤ª"˜¨๑۩۞۩๑¨˜"ª¤ Posts: 18,481	You sound like a real stand up guy.

06-15-2007, 11:04 AM	#9
JP-pornshooter Confirmed User Join Date: Sep 2006 Location: westcoast usa Posts: 4,007	i dont think you can register an INC with a trade marked name, they do some sort of search and will not allow it, even if it is not exactly a match..