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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Hello I own a resturaunt in Ames, Iowa. Recently I have

Resolved Question:


I own a resturaunt in Ames, Iowa. Recently I have had a company called College Tokens, running online coupons for my resturaunt, using my logo. These are set up as text message coupons, for anyone to download. I contacted them and asked them to take me off their website, since I had never agreed to run an add or had even heard of them until someone came in to the resturaunt and tried to use one of their coupons. There response was that the coupon has an expired date and so it's just a way to show me how I could advertise.
Well, on my request they took me off. However they put me back on using my logo and a new expired coupon.

Please let me know what recourse, if any, I have.

Thank you.
Submitted: 7 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 7 years ago.
You have the right to sue them for breaching the trademark and copyright of your logo and if you have not legally registered your trademark or copyrighted it, you still have common law rights and can stop them from using the logo, but if it was not a registered mark you just cannot get the damages provided under the copyright laws or the Landham Act for trademarks. You can also, as part of your suit, get an injunction to prevent them from using your name or logo in the future.

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Customer: replied 7 years ago.
Thank you, XXXXX XXXXX also wondering, if they do not use my logo, but continue to make a fake coupon using the name of my resturaunt. Then what recourse do I have
Expert:  Law Educator, Esq. replied 7 years ago.
You have the same right to stop them from using your name, since it would be seen as likelihood of confusion with your buisness and can impune your reputation.
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