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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have a trademark infringement question, can you help?

Customer Question

hi i have a trademark infringement question, can you help?
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
I have received a letter from a US attorney titled: Infringement and Dilution of Trademark .
It is saying that my website stop from using the words 'moulin rouge' from the title of some product listings and pay them the sales profits on these items, else they will proceed to sue me and take further action. I need to respond in 2 days. Do i just adhere to their demands and pay them what they want to resolve the issue? As it appears these words even though were used with no infringement intention it was however incorrect to use these on the titles of the products. urgently need to respond too them. I do not want to pay huge legal bills if i just need to do what they say to resolve this.
Expert:  Daniel replied 1 year ago.
HelloI would be most restraint in paying anything. Moulin Rouge is a very generic term which I think there cannot be any real trademark for. I would ignore the demands.
Customer: replied 1 year ago.
Thankyou for your response however a search of the trademark database in Australia does show that they hold these trademarks as registered under the class of clothing, does this mean they have a case? What do i do a little concerned.
Customer: replied 1 year ago.
can i please have a response?

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