Legal Question in Intellectual Property in Nevada
Use of already trademarked name
How can we stop someone from using all or part of our trademarked name. We are in Calif. and they will be opening in Nevada. Can we stop them from advertising in Calif? They will be targeting the same interest group and will definately cause confusion among our current and future contacts. Not to mention, ride our coat-tails. Thank you in advance for your response in this matter.
1 Answer from Attorneys
Register your trademark, if you have not already done so.
Take steps to register your trademark. You need a trademark search to be performed first. I recommend you hire a local attorney, look in the yellow pages for an attorney that specializes in "Patent, copyright and trademark" law, or "trademark" law, depending on how large your community is. It should cost you about $1,000 to register your trademark, more if you have a complex business. If you have a registered trademark, your remedies are enhanced, and a willful infringer may have to pay your attorney's fees if you have to go to court.
This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.