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I need help with a trademark issue. I have been selling

Customer Question
I need help with...

I need help with a trademark issue. I have been selling shirts with a saying for months and today someone sent me a email stating they had it trademarked. It was a letter from the State of Wisconsin
Department of Financial Institutions. But after reading it I went and looked up some information. After reading up on the website it states "Will I own the name and/or mark?
Registration of a Tradename/Trademark in Wisconsin does not give ownership; it does make it a public
record that the registration is being used.
· How do I own the name and/or mark?
Rights and ownership in Wisconsin of a Tradename/Trademark are gained through usage, not through the registration".

Lawyer's Assistant: Is the trademark federally registered?

I looked at USTPO but cannot locate it on there.

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

No. I was sent a email asking me to stop using the saying.

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

I've been selling the same saying for months and her trademark is dated 5/10/2018.

Submitted: 3 months ago.Category: Legal
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Customer reply replied 3 months ago
This is what she sent me.
Answered in 1 hour by:
5/13/2018
Lawyer: Bill Attorney, Lawyer replied 3 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,817
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your intellectual property law question today.

I'm attorney Bill following up on your request. It is possible that the trademark is registered at State level rather than with the USPTO and you need to conduct the search through the Wisconsin Department of Financial Services.

http://www.wdfi.org/

The search of their mark needs to be done at State level rather than with the USPTO.

The registration of a mark at State level limits the protection to Wisconsin but a violation of the mark by use of it in your t-shirts would make you liable for damages.

Because you have received a cease and desist letter you can either reject their assertion that you are in breach and contest this in court if necessary or you could stop using the logo so as to minimize your liability.

I see you have included an attachment and letter.

I would like to review this letter as an additional service to the question and answer service and can make an offer in this respect.

In relation to my answer please follow up with me as required, we are here to help.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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Customer reply replied 3 months ago
Bill, the letter states she trademarked "It's not a party until a Wisconsin Girl walks in", would I be okay with selling a shirt that says "It's not a party until AN Wisconsin Girl walks in" ?
Lawyer: Bill Attorney, Lawyer replied 3 months ago

There would still be a likelihood of confusion with her mark; trademarks protect competing companies using names that are likely to damage their marks reputation or cause a likelihood of confusion with the registrant's mark.

You would need to change it around much more than that to defeat this law.

https://tmep.uspto.gov/RDMS/TMEP/Oct2012#/Oct2012/TMEP-1200d1e5036.html

Let me make an offer to review the letter.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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Customer reply replied 3 months ago
I am not sure what you are meaning by make an offer to review the letter? Isn't that in the membership agreement that you you should review it? If not, why would there be a spot to upload it?
Lawyer: Bill Attorney, Lawyer replied 3 months ago

The terms and condition refer clearly to review of legal documents as being an extra service if you review them.

In any case this isn't something that you need to request, it is an optional service.

The review of the same document by a local attorney would require you paying his hourly rate, so we really do these thing on low cost to help customer gleam more information on the law.

In relation to my previous answer.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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Customer reply replied 3 months ago
Ok, so this offer just means you will look at the letter or will you go above and beyond explaining what I can do about it? I'm just not sure if I will get the same information that you posted above?
Lawyer: Bill Attorney, Lawyer replied 3 months ago

I can see what if any claim they are making against you and whether there is a basis for the claim by reviewing the letter. Some letter sdon't have a legal basis or are fraudulent and not genuine.

Best

Attorney Bill

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Lawyer: Bill Attorney, Lawyer replied 3 months ago

Dear Customer,'

I would like to follow up with my recent answer to your request.

Do you need any further information ?

Here for your follow up.

IN return please take the time to leave positive feedback and a rating today.

I'm an independent legal expert and rely on this feedback to get a credit for my answer and assistance to you.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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