Legal Question in Intellectual Property in Alaska

Hello! I had a question:

Let's say...

I started creating a clothing company under a name, and it's called "underthatPlace", i already sold a couple of shirts and such, and now, when I'm about to register a website, i came across "under that pLace", which is also a clothing company.I was going to register a website called, www.utPapparel.com while they have www.underplaceclothing.com

What can I do? or what should I do?

Thanks in advance.


Asked on 10/01/10, 2:05 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

The answer to your attorney question depends on a number of factors. Who was first to use the mark, and what steps were taken to protect it? Are the marks confusingly similar? What channels of distribution are used by each party? Also, registration of a domain name is entirely different. You need to consult with a good business - trademark attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 10/06/10, 4:18 pm


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