If Someone Owns a Site and You Trademark a very similar site who...
 

Will get the cease and desist letter? You or the original owner?

For instance, a lady in Connecticut owned a family restaurant for 55 years called Nike's. She was obviously in business long before Nike the shoe company and her last name was Nike. She was forced to change the name of her restaurant because Nike had registered the name as their trademark.

This just doesn't sound right to me. Anyone know anything about trademark violations and rules? There is a company out there that has one of my site's names but it's just not plural. If I Trademarked my business name could I send them a C & D letter since it's deceptive?

Acid is fun

I know, I'm one helluva guy! :thumbsup

i am sure there is a exception to every rule..wheres all the gfy attorneys at?

Just take a look at the WWF controversy.... some times the little bastards do win....:2 cents:

That doesn't sound quite right... if she had it first on her business AND its a different TYPE of business, they shouldn't be able to force a name change.

Just had one a couple of years ago that Wexner - The Limited lost to a mom and pop store that was similar but not quite the same as this case. Wexner lost but only after a drawn out fight.