Legal Question in Business Law in Georgia

Rather than getting the terminology straight, see a lawyer who handles IP litigation ASAP. They will know the correct causes of action and, more importantly, get the ball rolling on a restraining order or injunction. Time is of the essense, and often a delay of a few days means the loss of a TRO making them take it down. Many times getting it removed ASAP is far more important than chasing damages from an unknown internet business.

When a party owns the rights to a particular trademark, that party can sue subsequent parties for trademark infringement. If a competitor uses your copyrighted information or registered trademarks expressly for the purpose of promoting the appearance of an actual affiliation with your company, then this intentional confusion or likelihood of confusion as to the source of the products being sold may constitute trademark infringement.

You should certainly contact an intellectual property attorney to send a Cease and Desist notice to the competing company on your behalf.

THE COMMENTS CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL USE ONLY, NOT LEGAL OPINION. NO ATTORNEY/CLIENT RELATIONSHIP HAS BEEN ESTABLISHED.