Legal Question in Intellectual Property in Illinois

My company is Thorough Maids and Customized Janitorial servicing Chicago-land at the time of business the domains customizedjanitoria.com and thoroughmaids.com were not available. Through out time they became available and our competitor in the same area purchased these domains. Our domain is www.thorough-maids.com and www.customizedjanitorialservices.com Out competitor purchased the domains in hopes our customers forget the dash in thorough maids...They are also using the domains to come ahead of us in online search engines such as google...Is the anything we can do to get them to stop using the domains?


Asked on 3/29/10, 1:52 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

If you began use of the service marks "Thorough Maids" and "Customized Janitorial" for the same before your competitor obtained those 2 domains, they are very likely infringing your service marks. If so you can probably stop them and perhaps even recover damages for trademark infringement. If they did this deliberately with knowledge of your prior use, they are in serious trouble if you press the issue, as the law specifies treble damages for willful trademark infringement. In the USA, rights in trademark and service marks are acquired by use (actual or "constructive".) So, the rights go to the first user or first applicant for US Trademark or Service Mark registration, whichever is earlier. I have been litigating trademarks in Illinois for more than 30 years. I cannot recommend too strongly to you to get the assistance of a trademark litigator right away. Today is not too soon, and may already be too late depending on the facts. Listen carefully - Fast action will likely result in you winning this dispute, perhaps with substantial damages. Delay and you may lose your valuable brand names. It is that serious. The clock is ticking. Do not wait.

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Answered on 4/04/10, 5:22 pm


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