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Thread: What to do if accused of trademark infringement???

  1. #11
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    What you need to do is find out (2) things:

    1. How long has that "irrelevant theFreshStore.com" been active? Before 2007?
    2. Find out if the sneakerhead actually registered the trademark or is acting on behalf of common law.

    Reason: A trademark automatically attaches itself when used in commerce; i.e common law trademark. If the owner of the "irrelevant" site was up and running prior to 2007, then the sneakerhead trademarked something that may already be technically trademarked. Something a lot of people don't realize about registering a trademark is that just because you register a trademark, even through an Attorney, with the trademark office it doesn't necessarily mean you are guaranteed the rights.

    Now, if the trademark was never registered and is only bound by common law, it is only protected in the state of the place of business. If your business is in a different state then sneakerheads... There isn't much action he can take beyond scare tactics.
    Last edited by BizAdvisor; 02-26-2015 at 01:32 PM.
    Small Business Consultant,
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  2. #12
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    My dad long ago got caught up in a trademark issue with another company. What happened wasn't that someone left a message on his (didn't exist then) Facebook page. What happened was that a law firm representing a client sent him a letter on letterhead outlining the problem to be "cured", their proof of client's trademark ownership, and the steps we would need to take to cure it if we wanted to avoid a problem. They didn't open fire with "pay us this". Same with a client's trademark issue more recently with Apple. Wasn't some manager at Apple, it was a law firm and they explained the problem and the steps they would take if the problem wasn't rectified within a certain number of days, usually 30-60.

    So I'm thinking this is a scam and that the sender just needs to be banned from Facebook.

  3. #13
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    when i asked for proof of the trademark he said he has about 45 pages and its "complex" lmao he said his in the registrar but i could not find that anywhere do i have anyting to be worried about anymore thanks. and the domain thefreshstore.com was registered to a grocery store then one of the domain kingpins currently parked

  4. #14
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    am i a horrible person for reporting him to the law for extortion but first i need proof he doesnt own the trademark right i mean 10 grand is a serious threat

  5. #15
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    Yeah, I'd consider reporting him to the FBI, sure. I'd also report him to Facebook and get him banned from there as well. Get screen shots.

  6. #16
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    i just need to verify he does not own the trademark first right is there a seach engine or registrar im missing

  7. #17
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    No, you don't really. Remember: that's why they have the "F" in their name. They can do that for you.

  8. #18
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    so do i have anything to worry about you think?

  9. #19
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    You're in NM, you should worry about aliens landing and how long the base will last up in Taos. This? Not until you see some proof, no.

  10. #20
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    so this morning he messaged me on fb, not a letterhead in the mail. saying we didnt come to agreements if you could remove your name from all your stuff. what do i tell him or do i just continue my thing

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