Legal Question in Intellectual Property in California

Sometimes it seems as if lawyers are from Mars and human beings are from Venus. This is of course not the first time people have claimed trademark rights in this or that celestial body. You can buy Mars bars, Venus shavers, Sun computers, and Saturn automobiles; and access the internet via Earthlink. Certainly merely registering the name you did, without more, does not seem to be an infringement. But trademark lawyers are required to attempt to enforce their trademarks. Have your lawyer send their lawyer a letter telling them to go pound red Martian sand.

LawGuru rules require that posts be anonymous and not contain anything identifying potential parties to a lawsuit. Your question should have been rejected on that basis by the first attorney rather than providing an answer. However, now that everyone's identity is exposed anyway, let me just say that I agree with him. You need legal representation and may have a problem.

A trademark or franchise attorney will say you definitely have a problem. The fact you don't see a "trademark" on their website means nothing (it's actually a service mark anyway). There are common law rights that arise immediately upon use. Consult with a good trademark attorney in your area for specific advice.

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

Franchise Attorney