Legal Question in Business Law in New York

Internet trademark infringement

I have a website which the company name and domain is trademarked and have other websites using my companies name trying to steal traffic. What are my options.


Asked on 1/03/08, 4:56 pm

3 Answers from Attorneys

NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Internet trademark infringement

Your trademark does not grant you an absolute monopoly on the "word" or the verbiage you registered. In addition, as already advised, you have important legal obligations to fulfill before you can assert an infringement claim against your proprietary mark.

Be careful not to launch threats (such as with a cease and desist letter) without legal certainty as to the scope of your mark and the extent of the alleged infringement.

Consider a consult with an attorney knowledgeable in this area of the law and in relation to internet law.

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Answered on 1/03/08, 5:47 pm
Kristen Browde Browde Law, P.C.

Re: Internet trademark infringement

If your trademark is registered you have the option of suing for infringement. Where you would sue would dpend both upon your location and the location of the infringing party. Under certain circumstances attorneys fees are recoverable in trademark litigation.

If you'd like to discuss the matter in detail, please feel free to get in touch.

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Answered on 1/03/08, 10:32 pm
John Friedman Law Office of John K. Friedman

Re: Internet trademark infringement

You have several options and also a duty to police the use of your trademarks in order to protect them. The best advice is to consult with an experienced trademark lawyer and internet lawyer. Depending on who, how, and where the infringer/infringement is the answers will vary. If you would like to discuss how we can help you in this matter I encourage you to call or e-mail the office to arrange a no-cost consultation.

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Answered on 1/03/08, 5:05 pm


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