Legal Question in Intellectual Property in Iowa

Trademark Rights & Infringement

My friend owns a dance studio. She opened her doors seven years ago. At the time she was required to do a name search to be sure her name did not conflict with any others and obtain her Fed ID#. Five years later another studio has started up in a county next to us only 30 min drive from our location. They are using a name similar to hers. Hers is inMotion and they are using In Motion. Both businesses offer dance classes etc. My friend contacted them right away upon learning of the new business and the name similarity. She politely inquired how they had come about their studio name by email. They gave her a generic reply and answered none of her questions. Being the busy business owner she was she let it go at the time. Now here we are two years later they are beginning to participate in dance competitions our studio has been attending for several years and it's become confusing as people are assuming they are one in the same with one location being a satellite of the original location (my friend's) and they seem to be profiting from our reputation. My friend is now going to register her name as a trademark. Is there any steps she can take before hand to get them to cease their use?


Asked on 3/29/07, 10:54 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Trademark Rights & Infringement

Your friend need to hire an attorney to write a cease and desist letter to the other party. There are mitigating circumstances. She can file for both a Federal trademark, and if this is not available then she can file for state trademark rights. in Iowa.

She has common law rights, but these are difficult to prove without litigation.

Bottom line is that she needs to talk to an IP lawyer to get the situation rectified.

Good luck!!

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Answered on 3/29/07, 11:21 am


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