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Do you have a tradename lawyer available? The issue is a new…

Customer Question
Hi, Do you have...

Hi, Do you have a tradename lawyer available? The issue is a new Abbotsford company using the same name as my BC and Washington state sole proprietorship (operating continuously for over 17 years) . My company name is ***** ***** US trademark (78052185)

Lawyer's Assistant: Because laws vary from state to state, can you tell me where the business is located?

Redmond WA and Victoria BC

Lawyer's Assistant: Has anything been filed or reported?

I sent them my own poilite "cease and desist letter" by registered mail on 4.10.17 but did not receive a response.

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

No I am okay to start

Submitted: 8 months ago.Category: Canada Law
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Customer reply replied 8 months ago
initial cease and desist letter attached
Answered in 11 minutes by:
11/24/2017
Lawyer: Debra, Lawyer replied 8 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,610
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 8 months ago

I am sorry to hear this.

I suspect that they don't believe you. You wrote the letter yourself (and it is excellent by the way) and they think you are making an empty threat and will not sue.

They clearly cannot use the name.

So your best next step is to retain an intellectual property rights lawyer in BC who will send a more harshly worded cease and desist letter. That will likely work. If not then you would have to seek an injunction in court to enjoin them from using the name and may also sue for damages if you have sustained any.

Does that make sense?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 8 months ago
Thank you for the prompt response. Talking to an intellectual property lawyer was precisely what I was trying to do when I contacted this site. I had already searched the internet for the Victoria area and most i.p. lawyers seemed to specialize in patents. Hence my request to talk to someone who was a trademark/tradename lawyer. Is there such a lawyer available on your site?
Customer reply replied 8 months ago
Yikes! sorry to waste your time. This site should not have contacted me with you.
Lawyer: Debra, Lawyer replied 8 months ago

No. But that's not the issue. The lawyer's on the site cannot send a letter for you. We can only provide general legal information.

You just need a lawyer who does some intellectual property law. This is not complex and there is no need for a lawyer that has some sub-specialty in the intellectual property rights arena. And I doubt there is any such thing as a lawyer that specializes in trade names. The issue all overlap.

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Customer reply replied 8 months ago
Thank you. By for now.
Lawyer: Debra, Lawyer replied 8 months ago

I hope this works out for you.

Take good care.

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Customer reply replied 8 months ago
You seem very nice but it was very unfortunate I was linked with you, as you are not the type of lawyer I asked for in my question. Am I being charged for conversing with you under these circumstances?
Lawyer: Debra, Lawyer replied 8 months ago

I don't work for the site. The terms of service are clear and the lawyers are not your lawyer. You cannot retain us. We cannot do letters. The law is clear. To have a lawyer write a letter you have to be identified by the lawyer, the lawyer has to do a conflict check and you have to retain the lawyer.

The site did nothing wrong. I've been answering questions about intellectual property rights for over 9 years on the site. I chose to answer this one as the law is simple and clear. You are looking for something that does not exist in Canada and is certainly not needed for your issue. That is why you cannot find a lawyer.

Yes the site has charged you as the site is not free. You can ask for a refund if you like. I don't get paid unless your rate me positively and don't ask for a refund.

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