Someone is using your registered trademark!! What do you do????

Protecting your product name, program title, logo or business name with a registered trademark is sometimes just the first step.  Unfortunately, you will find other people and business using your mark.  What do you do?

1. Cease and desist. You – or your attorney – can send a cease and desist letter to the company or person, altering them of your trademark rights and asking them to stop immediately.

2. Social media. With the world of social media, we don’t always have the name or contact information of the person behind a given page or profile.  But you still have recourse.  Most of the social media site have a way you can alert the company of the infringement.  I’ve worked with Facebook several times to resolve infringement issues.  You can file the claim yourself or you can hire an attorney to do it for you. You will need the registration information about your mark, as well as the urls of the pages and profiles that are violating your rights.

If you’ve done these things, and the infringer is persisting in their use of your mark, you will likely need to file a lawsuit to protect your rights.  In the law suit, you can ask the court for:

  • An injunction: a court order requiring them to stop using your mark
  • Monetary damages: money could be paid to you for any actual damages, attorneys fees, their profits from the use of your mark, or even punitive damages

If you believe a law suit is necessary, you will want to talk to an attorney about the suit, the potential damages and the likelihood of recovery of monetary damages.

Have questions?  Let me know.

P.S. If it’s time for you to trademark something in your business, check out our Services page for more information.

2018-01-15T07:51:48+00:00By |

About the Author:

Leave A Comment