Legal Question in Intellectual Property in California

Trademark

I'm a real estate agent of 17 years. 2 years ago I trademarked my own name with CA Secretary of State. 11 months ago I found out that 2 companies are using my name for various purposes, including advertising, using in writings, letters, reports, etc. When I found out about that I wrote them letters, first certified (no return receipt), then 3 regular letters asking & demanding to stop using my name because, 1, my name is my property, & 2, it is a registered trademark. They ignored me, never replied to my letters. In my last letter I even offered them to pay me a leasehold amount for the use of my property. I don't mind them using my name as long as they pay me a fee for its use. Questions:

1. If my name is my property and it is my reputation and my name is used in commerce and it is a legally registered trademark can I sue them for the leasehold fees for the use of my property?

2. Do my letters (1 certified - no return receipt & 3 regular 1st class mail) consider as a proper and sufficient number of notices to show it to the court as evidence in the possible case?

3. How many notices shall I sent to consider it sufficient number?

4. Is it dillution or infrigment?

5. Regular or small claims court?

Thanks


Asked on 11/13/07, 11:51 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Trademark

You gave sufficient notice. Recovery for violation of said Trademark includes profits, damages costs and attorney fees. Please note the following excerpt from the applicable law:

In addition to the foregoing treble damages are also available.

Please note the following excerpt from the applicable law:

"(b) Treble damages for use of counterfeit mark.

In assessing damages under subsection (a) of this section, the

court shall, unless the court finds extenuating circumstances, enter judgment for three times such profits or damages, whichever is greater, together with a reasonable attorney's fee, in the case of any violation of section 1114 (1)(a) of this title or

section 220506 of title 36 that consists of intentionally using a mark or designation, knowing such mark or designation is a counterfeit mark (as defined in section 1116 (d) of this title)..."

Furthermore you may elect statutory damages for each use of your trademark. This is a Federal Court case. Contact me directly.

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Answered on 11/14/07, 9:25 am


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