Legal Question in Intellectual Property in Arizona
Re: Tradename Infringement!
I started a business named Cartridge World in 1997 and registered the trade name ''Cartridge World'' with the State of Arizona In 2003, a company named ‘‘Cartridge World PTY’’ based in Australia came into the U.S., filed & retained the U.S. trademark “Cartridge World” and have opened about 700 stores in the U.S. including 17 in AZ. Their attorney has sent me “cease & desist” letters and demanded that I transfer my domain(s) and Certificate of Trade Name to his client. I retained an attorney and Cartridge World contacted him to express interest in a reaching a settlement. He has done the opposite and threatened me and also filed a domain name dispute, however their claim was denied, citing that I had priority of use rights. My attorney contacted them after they were denied in hopes of reaching a settlement and they have basically disappeared without making an offer. I am looking to hire a new attorney to work on a contingency basis. My attorney has told me the my case is exceptional, however the case is at a standstill.
2 Answers from Attorneys
Re: Re: Tradename Infringement!
My firm can certainly review your case with you. Please contact me offline.
Re: Re: Tradename Infringement!
You probably need to file cancellation proceedings re their registration in the US Patent and Trademark Office. I'd be willing to take look at your case, but the problem with a contingency fee is that if they don't settle, all that you win is the right to the name.
By the way, I would suggest that you not post further publicly about your plans, as their knowledge of this could affect their negotiating strategy.
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