Legal Question in Business Law in California

Termination of illegal use of trademark
I am a TX corporation. I sell a product under my own brand name (which is a registered trademark). A company in California has taken copy and pictures from my website and created their own web page. On this page they attempt to sell my product, advertising it with my trademarked name. Customers place an order with them, are given an e-mail receipt and charged on their credit card. Then, they never received the product. I have received several calls from customers telling me about this scam. I want this company in CA to stop using my brand name on their website. What steps should I take to terminate their actions?

Asked on 6/22/05, 9:53 am

7 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

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Re: Termination of illegal use of trademark

Several actions including copyright infringement. Get an attorney in California. Call me directly at (619) 222-3504.

Answered on 6/23/05, 9:09 am

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Re: Termination of illegal use of trademark

You can have an attorney send them a cease and desist letter and if they do not respond. You may be able to contact the owner of their domain and have their website account suspended. How large is the company? Do they conduct any business in Texas?

Answered on 6/22/05, 10:02 am

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Peter Bradie Bradie, Bradie & Bradie

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Re: Termination of illegal use of trademark

1. Copyright your website.

2. Get a California attorney that's familiar with protecting intellectual property and sue them for trademark infringement.

3. Contact the Federal Trade Commission and the Federal Communications Commission concerning this theft by fraud.

Answered on 6/22/05, 10:05 am

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Charles White Charles G. White

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Re: Termination of illegal use of trademark

Ordinarily scams such as you describe tend to be non-existent companies, and you may be throwing money away to hire a private attorney to go after them. In addition to the suggestions that have been given by other lawyers, the California Attorney General's Office will be interested in stopping this type of fraud. See:

http://caag.state.ca.us

I recommend that you go there for starters.

Answered on 6/22/05, 10:13 am

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Ken Dallara Law Office of Ken Dallara

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Re: Termination of illegal use of trademark

Some things you can handle yourself and some require an attorney. You can contact them yourself with a cease and desist letter. Word it properly as miswording, especially threatening legal action, can kick off legal timelines in motion. Be careful.

If they stop and that is all you want, then you are done.

But generally, this world is not that kind, you will need to file a trademark action against them.

Either way, you must defend your trademark vigorously!!!! Absence of defense of your mark will cause it to become generic and not defendable.

Contact me for more information if your first cease and desist letter does not do the job!

Answered on 6/22/05, 10:13 am

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Terry A. Nelson Nelson & Lawless

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Re: Termination of illegal use of trademark

Several things, including a 'cease and desist' letter to them, a lawsuit for fraud and misuse of your trademark, a criminal complaint to the Post Office and District Attorney and Attorney General, a complaint to their web host. Contact me if seriously interested in pursuing this.

Answered on 6/22/05, 10:22 am

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