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Yes, it likely would be. The test for trademark infringement is whether the marks would cause a likelihood of confusion to consumers. It is likely that a consumer would mistake "Live Like a Pirate" clothing with "Living Like a Pirate" clothing.
As long as the products sold are the same.
I.e. in the same category as the trademark.
They are tshirts & other gear, but not the same designs
I own the trademark & found this on the interent for sale at cafepress.com
What can I do without getting an attorney involved?
You should hire an intellectual property attorney to send them a Cease and Desist letter and can also demand that they pay damages for trademark infringement. I would look on lawyer.com or martindale for IP attorneys in your area.
I've contacted them asking them to stop. I have also provided information they asked for about the trademark , they seem to be stalling......I guess hiring an attorney is the next step. Thanks for your help
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