Intellectual Property Law

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I have a trademark on website and the was infringed on by…

Customer Question
I have a trademark...

I have a trademark on website and the was infringed on by another website using the exact same name with just a different extension on the domain . What is my legal recourse in this matter?

Lawyer's Assistant: Is the trademark federally registered?

Yes the trademark is federally registered

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

No I have not done either

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

No that is fine

Submitted: 7 months ago.Category: Intellectual Property Law
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Answered in 1 minute by:
9/26/2017
IP Lawyer: Roy Hadavi,
 replied 7 months ago
Roy Hadavi
Category: Intellectual Property Law
Satisfied Customers: 1,278
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive trademark experience. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Intellectual Property Law Question
IP Lawyer: Roy Hadavi,
 replied 7 months ago

The first step after discovering a trademark infringement is to send a cease and desist letter to the infringing party. You can click here to view a sample cease and desist letter.

If the infringing party does not comply with the letter, the trademark holder needs to file suit against the infringing party for damages and injunctive relief.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Roy Hadavi
Roy Hadavi
Roy Hadavi
Category: Intellectual Property Law
Satisfied Customers: 1,278
1,278 Satisfied Customers
Experience: Attorney at Law Offices of Rosenstein & Associates

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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).

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