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Thank you. I've recently started up a business venture with…

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Hi, and thank you...

Hi, and thank you. I've recently started up a business venture with a very specific name and model. It has been brought to my attention that someone has set up a website (that is very similar to mine) and also social with my same company name. I've LLC'd my name, but the similarities in the model and the clients we work with come from the same pool. What can I do?

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

Texas. I haven't yet.

Lawyer's Assistant: Has anything been officially filed? If so, what?

What kind of official?

Submitted: 8 months ago.Category: Legal
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9/23/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,191
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

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Customer reply replied 8 months ago
I'm not sure if you saw the original message? And I agreed to pay 5 dollars, but when I checked out of my Paypal it charged me 47?
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Hi, I'm sorry for any confusion. Just Answer charges $5 to post a question and an additional $42 for your interaction with me and nothing more. You can have a phone call with me for $59 but that is completely optional. It's about 90% off my regular hourly fee. Would you like to continue?

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Customer reply replied 8 months ago
It's fine to chat here. Can you see my question or no? I've already been charged the $42 so, wth.
Customer reply replied 8 months ago
Hi, and thank you. I've recently started up a business venture with a very specific name and model. It has been brought to my attention that someone has set up a website (that is very similar to mine) and also social with my same company name. I've LLC'd my name, but the similarities in the model and the clients we work with come from the same pool. What can I do? I live in Texas, but the other person, I have no idea where they are located.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

i can see your question. The system automatically charges once I start interacting with you. One moment while I read and respond to your question...

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Lawyer: Legal Eagle, Lawyer replied 8 months ago

This appears to be a trademark infringement issue. However, there are a few things that you'll need to consider if this is the case. In your case, you could claim that you are infringing on your trademark, but proving it is a different case. The 9th Circuit Court of Appeals has laid out some elements that you can run through with your own lawyer to determine whether this is the case

1. You have to prove they have a valid, protectable trademark and that you own that trademark;

2. You must prove that your mark is similar and you used it without your consent in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods.

So, it's a factual argument you would have to make. If you have a different coloring, design, style, slogan, or have different products altogether, then those elements will likely not be met.

If you don't have a registered trademark yet, you may want to consider just writing a cease and desist letter. Lawyers use letters like these often to enforce their client’s rights. Here’s a website that has a good template (click here). It only costs $10 and it is way cheaper than litigation.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 8 months ago
That was what I was hoping to do because it's not EXACTLY the same. But the names are ***** ***** process is. It's an editing company that offers three layers, called Trifecta. The three layers are said to be like betting on horses. They blatantly used that. My pricing. My process.
Customer reply replied 8 months ago
Can I write a cease and desist with the template without legal representation?
Customer reply replied 8 months ago
how should it be sent to the party in question?
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Understood. The pricing, process, and service can't usually be copyrighted or trademarked; however, if they're using the same name, colors, logo, design, and otherwise a reasonable consumer would be confused, then you can send them the cease and desist. And no, legal representation is not necessary to send a cease and desist letter. I would recommend sending it via snail mail and email to ensure that it gets to them. Most people send it certified mail. did you have any other questions for me at all?

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Customer reply replied 8 months ago
No. Thank you for your help! I'm going to try that first. It's just too coincidental that they used the same wording and name. I'm not sure it will work, but I'll try it. Otherwise, I'll just leave it be.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

The pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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