Legal Question in Business Law in California

Re: copy right clothing line help

Copyright has nothing to do with your facts. Copyright law deals with the rights of authors, artists, etc. to protect their creative works. Yours is probably a trademark situation.

However, you indicate that the trademark is owned by another company. Are you using it lawfully, e.g., under a license with the owner? If so, who has the duty under the license agreement to defend against infringement? Possibly you, but more likely, I think, it is up to the owner of the trademark to go after the upstart infringer.

IF, of course, you have no right to use this trademark, which you admit you don't own, you have a problem in that you are an infringer yourself, and the pot cannot call the kettle black.

Re: copy right clothing line help

If you have the right to the name, the first option is to send her a "cease and dessist" letter basically demanding that she stop using the name, and demanding any damages she may have caused you. Such a letter is even more effective if it includes a draft of a lawsuit with it, indicating that the complaint will be filed if she does not stop. If she does not respond, you may have to sue her for trademark violations as well as other claims (unfair competition, etc.).