Legal Question in Intellectual Property in California

Trademark Infringement

We own a trademark of a product, and another enitity owns the domain name. Having ownership of the trademark, does that entitle us to issue a cease and decist to said enitiy and website?


Asked on 12/04/06, 2:01 pm

3 Answers from Attorneys
D. Alexander Floum, Esq.

Re: Trademark Infringement

Yes.

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Answered on 12/04/06, 2:05 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Trademark Infringement

Yes. Have you considered having an attorney on a retainer for matters such as these? Call me directly at 16198468947.

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Answered on 12/04/06, 2:23 pm
Timothy J. Walton Internet Attorney

Re: Trademark Infringement

A cease and desist may not get you much. Sending an ultimatum does not carry much weight. You can sue in federal court, but your best option might be to go through WIPO domain name arbitration, which will allow you to get the domain name, but not any damages.

My office offers a flat rate for such WIPO arbitration representation.

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Answered on 12/04/06, 6:50 pm


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