Legal Question in Business Law in Florida
A local competitor is using our company name on google adwords to drive traffic to their site. Google says since we don't have a trademark it's too bad. We've used this name and the company name is our domain name since 2009. What should we do?
1 Answer from Attorneys
You may have a common law geographic trademark; however, you should file your state trademark and apply for your federal trademark. With a statutory trademark comes the rights to injunctive relief and attorneys fees. Additionally, the use of your name in adwords may be an Unfair Trade Practice under the Florida statutes.
I hope this was useful. You should seek competent counsel to advise you further. At least have an attorney send a cease and desist letter. Having a registered trademark, State and/or Federal, will improve the strength and threat of the letter.
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