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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43754
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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What are my options when my opposition uses my product name

Customer Question

What are my options when my opposition uses my product name in their Google ADWords? We have very similar products and they are capturing customers using my products good name. My product has a Trade Mark.
If your suggestion is to simply write them a letter threatening them to stop, what would it cost?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You are saying that they are breaching your trademark?

Customer: replied 1 year ago.
correct
Expert:  Leon replied 1 year ago.

Good Afternoon

You send him a letter stating he is in breach and if he does not stop you will sue.

It would be best if it comes from a Solicitor that practices in Intellectual Property.

You can search the LawSociety website

https://www.lawsociety.com.au/community/findingalawyer/findalawyersearch/

You should also work out what you are losing by his actions and this should also be in the letter.

If you choose to take action the following link sets out what you have to prove

http://www.ipaustralia.gov.au/ip-infringement/enforcing-your-ip/what-must-be-proven-to-enforce-your-ip/

This one is the process

http://www.ipaustralia.gov.au/ip-infringement/infringing-on-others-ip/dealing-with-alleged-infringement/

But you have to send them a letter to ask them to stop as a start

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Expert:  Leon replied 1 year ago.

Good Evening

Is there anything else I can assist you with?

Customer: replied 1 year ago.
Not happy with the whole experience
Expert:  Leon replied 1 year ago.

Good Morning,

I am happy to assist further, can you tell me what else you wish to know?