Legal Question in Business Law in New Jersey

Re: ''cease and desist'' - can I use it in this case?

If the competing name falls under the same class of products/services that you registered your trademark under, you may have an infringement claim. The initial step would be to have an attorney issue a cease and desist letter demanding that such use be stopped immediately. If the user refuses, you would potentially have a federal claim against the user.

Re: ''cease and desist'' - can I use it in this case?

Your trademark is a very important tool in preventing infringement. The strategy that you should adopt depends a lot on whether you use the name. A cease and desist letter would be appropriate as a first step in stopping infringing use. There are other alternatives that you might want to explore with a lawyer.

If I can be of further help, please call.

See also: http://info.corbettlaw.net/lawguru.htm

Re: ''cease and desist'' - can I use it in this case?

I agree with the other writers, however cautioning you that your rights might not be that strong if they have not infringed on your products and services. Trademarks are limited to classes or categories of goods and services, and your protection only applies if they fall within your protected category. You may also have certain state rights, independent of the federal protection. Likewise, your federal protection may not carry to other countries where you might not have filed for similar protections, so if this band is located out of the US, you may have no rights. I suggest that before you write the cease and desist letter, you check with a trademark attorney to be sure of your rights. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.