Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Got this Email from Pirkley Barber Dear Ms. Reeves: This law…

Customer Question
Got this Email from...

Got this Email from Pirkley Barber Dear Ms. Reeves:
This law firm represents 3M Company (“3M”) in trademark and unfair competition matters. We write regarding your use of the mark WEPOSTIT4U.COM STORE, and your registration and use of the domain wepostit4u.com, in connection with your eBay store.
3M is the owner of the mark POST-IT, among the most famous trademarks in the world. See, e.g., 3M Co. v. Professional Gallery, Inc., 2014 WL(###) ###-####(TTAB Jul. 17, 2014) (“The above evidence leaves us in no doubt that POST-IT is a famous mark for sticky notes.”); Minn. Min. & Mfg. Co. v. Taylor, 21 F. Supp. 2d 1003, 1005 (D. Minn. 1998) (finding POST-IT mark famous). 3M has used its famous POST-IT mark continuously for more than three decades in connection with its revolutionary repositionable adhesive notes (also known as sticky notes), as well as with a variety of highly successful consumer products, including computer software for creating digital notes and annotations. 3M promotes the POST-IT brand and products on its website (see post-it.com) and on various social media sites such as Facebook and Twitter. 3M also offers an app called POST-IT® PLUS that allows people to collaborate and communicate (https://itunes.apple.com/us/app/post-it-plus/id920127738?mt=8). 3M owns numerous trademark registrations, many of which are incontestable, for the famous POST-IT mark. See, e.g., U.S.

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No What chances Do I have in this ..I dont think this infringes on their Rights

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Page 2
goodwill is important to 3M, it cannot permit others to use marks or names confusingly similar to its POST-IT mark in ways that are likely to cause confusion as to any nonexistent sponsorship or affiliation with 3M, or to dilute 3M’s famous POST-IT mark.
It has come to our attention that you are using the mark WEPOSTIT4U.COM STORE and domain name wepostit4u.com, which redirects to an eBay store. Particularly given the fame of 3M’s POST-IT mark, we believe your use of this mark and domain name is ***** ***** cause confusion, in that consumers may mistakenly assume a connection between your business and website on the one hand, and 3M or the POST-IT brand on the other hand. Such use is also likely to cause dilution of 3M’s famous POST-IT mark. See, e.g., 15 U.S.C. §§ 1114(1), 1125(a), and 1125(c).
Accordingly, we request that you: (1) cease using the mark WEPOSTIT4U.COM STORE and name wepostit4ucny; (2) transfer the domain name wepostit4u.com (and any other domain names you may own or control that incorporate or are confusingly similar to the mark POST-IT or any other 3M mark) to 3M; and (3) agree that in the future you will not register or use any name, mark, logo, or domain name that includes POST-IT, POST IT, POSTIT, or any other mark confusingly similar to 3M’s marks.
We ask you to respond as soon as possible, and no later than ten days after your receipt of this letter, giving your written assurance that you will promptly comply with these requests. Once we have your assurance, our client will permit a reasonable period of time for you to switch to a new name. You may indicate your agreement by signing this letter in the space below and returning it to us, along with the transfer authorization code for the domain name (which you can obtain from your registrar). Please also “unlock” the domain name with your registrar to allow transfer.
Sincerely,
Kathryn Swint Thank you Deborah

Submitted: 1 month ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Answered in 2 minutes by:
3/22/2018
Business Lawyer: Infolawyer, Attorney replied 1 month ago
Infolawyer
Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 1,957
Experience: Experienced lawyer
Verified
what can I answer for you?
Ask Your Own Business Law Question
Customer reply replied 1 month ago
Sorry ..Do I have any chance of keeping my Business name against 3M ?
Business Lawyer: Infolawyer, Attorney replied 1 month ago
I am afraid not. You want to cooperate and avoid having to defend legal proceedings.
Ask Your Own Business Law Question
Business Lawyer: Infolawyer, Attorney replied 1 month ago
I am sorry to be bearer of bad news but I do not want to mislead you with false information.Please let me know if the reply is acceptable by responding “yes” or “acceptable”If you have a follow up, just reply and ask me!
Ask Your Own Business Law Question
Was this answer helpful?
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer
Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 1,957
1,957 Satisfied Customers
Experience: Experienced lawyer

Infolawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,957 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
We're starting a new business. We have the business license
We're starting a new business. We have the business license and LLC. We're trying to use 1 business names with two different spellings, so someone cannot come along and take something similar. Would i… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,149 satisfied customers
I have another question regarding the fundraising business!
I have another question regarding the fundraising business! If I have a website that contains 3000 products I am a church for instance and a church for instance decides to do a fundraising business fr… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,697 satisfied customers
Can we start a business with a name that use to exist but is
Can we start a business with a name that use to exist but is no longer in business … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'd like information regarding a small business that I'd
Hi. I'd like information regarding a small business that I'd like to get started. Can you help me out please? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,044 satisfied customers
A creditor filed a UCC lien on my business property on
Second opinion] A creditor filed a UCC lien on my business property on 3/29/2017. I received a call from a collection agency about 6 months ago but nothing from them since. The business' assets consis… read more
Lori
Lori
Juris Doctor
1,067 satisfied customers
I run a mobile mechanics business. At this point in time it
I run a mobile mechanics business. At this point in time it is just me running one truck as a mechanic. I'm starting to get bigger now and I'm starting to get bigger now and I'm thinking of what certi… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
505 satisfied customers
A business cannot sue another business if the amount of the
A business cannot sue another business if the amount of the suit is over $5K. But, can a business owner represent against a suit if a suit is filed against the business. Basically, if I own my busines… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
505 satisfied customers
I own a business. When I do a search online for my business,
I own a business. When I do a search online for my business, information pops up about us, but also shows a listing for mapquest with a really low star rating. When I click on the reviews to read them… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
505 satisfied customers
If two businesses are interested in working on a project
If two businesses are interested in working on a project together, at which stage should they sign NDA (non-disclosure agreement)? Thanks.… read more
Damien Bosco
Damien Bosco
4,162 satisfied customers
If a business owner has two businesses: business A and
If a business owner has two businesses: business A and business B. He is trying to take some profit from A to: ***** ***** B as well as paying some personal purchase. What this business owner should d… read more
Lori
Lori
Juris Doctor
1,067 satisfied customers
I am purchasing an existing business. There are liabilities
I am purchasing an existing business. There are liabilities associated with the cases served in this business, as there will be with the ones I serve moving forward. My question has two parts. This is… read more
Damien Bosco
Damien Bosco
4,162 satisfied customers
A partner and I started a business in 2014, but the business
A partner and I started a business in 2014, but the business never started up. We have no revenues or expenses we want to claim. We never filled 1065's but have a Tax ID, and a Business Certificate fo… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,399 satisfied customers
Does an LLC business pay the new business tax rates? If not
Does an LLC business pay the new business tax rates? If not what business types could I form to pay the new rates and not my personal tax rate? How is the 20% deduction calculated?… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
505 satisfied customers
I was the bookkeeper for a small business that is now
I was the bookkeeper for a small business that is now closed. I recently learned that an error was made regarding payment to a credit card provider for lease equipment. Payment to the provider continu… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
Is it possible to sue someone for manipulation in business?
HelloIs it possible to sue someone for manipulation in business? I had a contract with a marketing firm that kept telling me orders were coming in, articles were being written, etc..so that I would ke… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My business partner sold are llc 50/50 owned business with
my business partner sold are llc 50/50 owned business with out my consent. or knowledge is there legal action i can take? … read more
Ely
Ely
Attorney
Juris Doctor
577 satisfied customers
I entered into a contract with a business to act as a
Hello. I entered into a contract with a business to act as a fiduciary, PR and marketing for my start up. From the beginning, the woman said she would spend money as if it were her own, and she would … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Business consultant. I started a new business that will
business consultant. I started a new business that will offer 50 percent discounts on products and services. How can I get an email list of potential users of my new product? Either how grown or purch… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x