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Ask Alex Reese Your Own Question
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3466
Experience:  Experienced in intellectual property law
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I own a small fed company and sell through Distributors. One

Customer Question

I own a small fed company and sell through Distributors. One of our Distributors is using one of our copyrighted names "Total Equine" as their name and we can't seem to get them to stop aan change ten name. I need a written statement to show them. Can you give me a statement as to why they cannot do this?
R. ***** *****, PHD
Total Feeds Inc.
Weatherford, TX (###) ###-####***@******.***
www.totalfeeds.com
Submitted: 10 months ago.
Category: Intellectual Property Law
Customer: replied 10 months ago.
I mean feed company. We sell mostly horse feed.
Expert:  Alex Reese replied 10 months ago.

hello. we cannot represent you legally or give you any legal statement for your use, you would to retain a trademark attorney for that....and practically speaking it is clear that you have already reached a dead end with them and your next step should be to have a TM/IP attorney send them a "Cease and Desist" letter that identifies your TM rights, their improper use of the TM, how it constitutes infringement etc. and your demand that they immediately stop using the mark etc. At this point you need the letter to come from an attorney that represents you, because dealing with them directly has not worked. Writing a C&D letter on your own will not have the same effect and will likely not change anything given the situation thus far.

Expert:  Alex Reese replied 10 months ago.

When the letter is from an attorney they know you are serious and may take legal action, so compliance is much more likely.