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Nancy Delain
Nancy Delain, Attorney
Category: Business Law
Satisfied Customers: 198
Experience:  Registered Patent Attorney (1/2005); Attorney at Law (1/2004); M.S., Tech Writing (5/1981)
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I own a trademark that is currently being used by a company.

Customer Question

I own a trademark that is currently being used by a company. What are my remedies? Registration # XXXXX application serial # XXXXX
Submitted: 5 years ago.
Category: Business Law
Expert:  Nancy Delain replied 5 years ago.
Thank you for contacting Just Answer. I look forward to assisting you.

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me.

There can also be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

By using this forum and/or clicking ACCEPT, you expressly acknowledge that any information I may give in response to your question in this forum does not constitute legal advice; there is no attorney-client relationship between us; and all questions and answers are visible to the whole world, including your opponent, and any information provided is therefore not confidential. Because of the public nature of this forum, by posting anything here you waive irrevocably any and all claim to confidentiality or privilege as to the content posted. Please post only that information that you are willing for your opponent to see and use against you if this matter goes to court. Any money you may give me in response to this posting (which may include both your agreed-on sum and any bonus payment) is a gift of gratitude, and is not intended as, nor should it be construed as, attorney's fees. For more information about your matter, you should consult with an attorney of your choice in a traditional face-to-face or telephonic meeting.

Judging from the registration number of your mark, I assume your registration is federal and not state-based. It is on that assumption that I will proceed.

The Lanham Act, which governs trademarks and service marks in the federal arena gives a trademark owner several remedies. First, the owner is entitled to apply to the court for an injunction preventing further use of the mark by the infringer. Second, the owner is entitled to sue for damages. These are actual damages suffered because of the infringement. Third, the owner is entitled to petition the court to require that the infringer advertise to correct the public impression of his use of the mark.

Further, if the owner can show that the infringement is willful, Owner may be entitled to collect trebled damages PLUS costs PLUS Owner's reasonable attorneys' fees (what a federal judge thinks is "reasonable" will not necessarily cover all the fees that your attorneys will charge you, but it helps -- a lot).

You can find all this at 15 USC 1051 et seq.; remedies are specifically addressed in 15 USC 1116-1121.

I'd be happy to help you with this matter if you like. My contact information is in my signature line.

If I have answered your question, please click on ACCEPT so I can receive credit for my answer. If you have constructive comments about my response to you, please leave feedback; if you are happy with my response, please leave positive feedback even if you don't leave a comment. Remember that you are leaving feedback for the quality of my help to you, not for Just Answer's policies or billings (I have no control over JA, especially not over their billing of customers; I just control what I have written). If questions linger, please hit REPLY to let me know how I can help you further.
Customer: replied 5 years ago.
I live in Northern California. Can ytou properly represent me from New York? It is a federal trademark registration.
Expert:  Nancy Delain replied 5 years ago.
Sure. I have several clients in California. Federal trademark infringement is indeed a FEDERAL question. The big question to ask, though, is where is your defendant located?

If I have answered your question, please click on ACCEPT so I can receive credit for my answer. If you have constructive comments about my response to you, please leave feedback; if you are happy with my response, please leave positive feedback even if you don't leave a comment. Remember that you are leaving feedback for the quality of my help to you, not for Just Answer's policies or billings (I have no control over JA, especially not over their billing of customers; I just control what I have written). If questions linger, please hit REPLY to let me know how I can help you further.

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