Legal Question in Technology Law in California

Hello,

I would like to know the largely right

Can? Competitive company has the right to use my business trademark name on YouTube to get traffic in search engine and appear with his product next to my product (the YouTube user name is under the competitive) ? so now he gets my clients that looking for my product and they see his product.

Sample;

Title on you tube by Pepsi Cola ;

Coca cola - my doctor say"

THEN when someone click on that short movie it just play commercial of Pepsi cola product without say anything bad or even mentioned the Coca Cola.

PLEASE PLEASE ANSWER

THANK YOU

Nir


Asked on 8/12/09, 3:47 am

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

No, this is not okay. There are some interrelated rights and causes of action at play here. What you need to do is have a consult with an intellectual property attorney who will evaluate your exact situation and recommend a course of action. Please seek the advice of counsel without delay.

Good luck to you.

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Answered on 8/12/09, 8:20 am
Bryan C. Becker Your Lawyer for Life.

In addition to Ms. Grosse's response, I would suggest that under California law you would have a cause of action for at minimum, unfair business practices as well. If you would like to discuss your matter further, please do not hesitate to contact me via phone or email.

Regards,

Bryan

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Answered on 8/12/09, 12:29 pm


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