Intellectual Property Law

Intellectual property law questions? Ask a lawyer

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I recieved a letter saying I was in violation of Title 15 United States Code Secti…

I recieved a letter saying...
I recieved a letter saying I was in violation of Title 15 United States Code Sections 1114(1) from a lawyer of swimoutlet.com because I own/operate a website discountswimoutlet.com. They are telling me turn over the site to them. Am I in violation and if so should I comply?
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 25 minutes by:
9/9/2010
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,467
Experience: Experienced in intellectual property law
Verified

Hello,

How long have you been using that name in commerce? Longer than this other company?

Ask Your Own Intellectual Property Law Question
Customer reply replied 7 years ago

I have been using the name for about 6 months and they have had the name for some time. I had no prior knowledge to their existance and I tried to use general terms discount+swim+outlet. I have had 1 customer to this site. I don't actively promote it, I do most of my business on auction sites. I don't want to hand it over for free because I have time invested in it, but I don't actully care about the url. What do you suggest?

The name sounds highly generic and descriptive of the goods (assuming its for swim goods) so to me its not a valid mark. Trademarks have to be distinctive at least to some extent, they cannot use common descriptive words and take them out of common usage...unless it has acquired distinctiveness. My impression is that their claim would be weak, but you would have to consult a TM attorney in person to get a more detailed assessment. for more info on TM law check out http://coursecracker.com/4/7487/college/law/intellectual-property-law/forums/index.html

TM infringement is based on the likelihood of consumer confusion...but if the initial mark is not valid to begin with then that does not apply
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,467
Experience: Experienced in intellectual property law
Verified
Alex Reese and 87 other Intellectual Property Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an ip lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Alex Reese Your Own Question
Alex Reese
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,467
3,467 Satisfied Customers
Experience: Experienced in intellectual property law

Alex Reese 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:

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

883 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

466 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

461 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

P. Simmons

P. Simmons

Lawyer

178 satisfied customers

12+ yrs. of legal experience.

< Previous | Next >

Related Intellectual Property Law Questions
Are you familiar with affiliate marketing. So i just give
i am an affiliate marketer. this involves content marketing through blogs and social media to rank websites that are rich in consumer driven keywords. This is used to drive traffic to a marketplace or brand such as amazon.com … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A company based in San Francisco, has been archiving my
A company based in San Francisco, has been archiving my websites and webpages that feature my personal details and redistributing it online through monetary donations without any permission. This cont… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
Where does it say that it is legal or illegal to star up a
where does it say that it is legal or illegal to star up a new and operate an unregistered stock exchange in the securities exchange act of 21934 or other laws?… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My daughter helped me to create my own website on domain.com.
My daughter helped me to create my own website on domain.com. It was in July 2013. We did some job but site was not practically ready for use, and needed a lot of work to finish it. We placed two pict… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Demend to pay for Image Infringement on home decor site
I run a home decor website. In 2008, I posted an article with an image of a house and its description, with a link to an architect site. The architect also happened to be a photographer who licensed t… read more
socrateaser
socrateaser
1,031 satisfied customers
I just got a letter from Johnson & Pham LLP I purchased
I just got a letter from Johnson & Pham LLP I purchased some items from China and resold them on ebay. These are Beachbody branded Items. They say on Feb 28th I sold infringing fitness products to an … read more
BizIPEsq.
BizIPEsq.
Employment Technology & Business Lawyer
Doctoral Degree
375 satisfied customers
I need a copyright Expert. I just got a letter from Johnson
I need a copyright Expert. I just got a letter from Johnson & Pham LLP I purchased some items from China and resold them on ebay. These are Beachbody branded Items. They say on Feb 28th I sold infring… read more
BartEsq
BartEsq
Researcher
Doctoral Degree
192 satisfied customers
Hi, I am in the business of making training materials for
Hi, I am in the business of making training materials for aircraft systems. I understand that US Federal Governement's published manuals have no copywright issues and are for public use. A site with U… read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
466 satisfied customers
There is a company in the UK that is using my companys name.
There is a company in the UK that is using my company's name. We have a trademark on the name ResilienceONE and own websites resilienceone.com, .net, .org, etc. His website is resilience-one.com. Our … read more
Wilton A. Person
Wilton A. Person
Lawyer
Juris Doctorate
352 satisfied customers
1. Does fair use protect infringing objects transmitted online
1. Does fair use protect infringing objects transmitted online and rank first in google search? 2, DMCA served to press in regards XXXXX XXXXX of infringing objects should state it is subject to unfai… read more
Attorney Wayne
Attorney Wayne
Attorney-at-Law
JD
1,492 satisfied customers
I have a question regarding Trademark, we are solution
I have a question regarding Trademark, we are solution providers for ERP software's and represent few software vendors, however one of the vendor cancelled their re-seller management program and is go… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I received an email from Ani SakalXXXXX XXXXX & PHAM, LLP with
I received an email from Ani SakalXXXXX XXXXX & PHAM, LLP with an attached demands list and complaints list for selling headphones purchased overseas. Ani is representing Monster Cables. The headphone… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I got a cease and desist email about a company I just recently
I got a cease and desist email about a company I just recently started and this is what it said exactly. "We noticed that you were promoting your site Take MyCoupons. MyCoupons is a trademarked entity… read more
Linda Roch
Linda Roch
Attorney
Doctoral Degree
529 satisfied customers
Hi, I have an self-penned music cd that was produced in 2002.
Hi, I have an self-penned music cd that was produced in 2002. Everything on the cd is copyrighted through the library of congress and the upc code is registered. Over the last few months my husband an… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
561 satisfied customers
I own a registered trademark, (the name of our martial art)
I own a registered trademark, (the name of our martial art) and I am preparing to dismiss one of our members. Should he decide to use our trademark, what section of the US Code can I sue under? Thank … read more
Alex Reese
Alex Reese
Lawyer
JD
3,467 satisfied customers
Hello. I am the owner of a womens retail clothing store.
Hello. I am the owner of a women's retail clothing store. The store is, for the most part, a high-end consignment store although about 10% of our merchandise is new. I am selling a lot of knock-off ha… read more
Lawdoctor
Lawdoctor
Attorney At Law
Doctoral Degree
1,396 satisfied customers
My name isXXXXX I am an actor living in Los Angeles.
My name isXXXXX I am an actor living in Los Angeles. I wanted to finally create my own website for acting only to find out that there is already www.kirkbaltz.com created by someone in Panama. I just … read more
Maverick
Maverick
Doctoral Degree
6,336 satisfied customers
my wife dowdloaded some movie wich she thought was free now
my wife dowdloaded some movie wich she thought was free now i got a letter of a waining and i hope not get another one. i could go to court over this. i deleted everything on my hard drive what should… read more
Alex Reese
Alex Reese
Lawyer
JD
3,467 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