Legal Question in Intellectual Property in New York
My company owns a name that is a registered trademark in the USA. That trademarked name is clearly being infringed upon by an imposter in Canada and being promoted worldwide through social media. Is there a way to go after them without registering a Canadian trademark? Or should I wait until I register a Canadian trademark to go after them? Any advice would be greatly appreciated.
1 Answer from Attorneys
Generally speaking, one can pursue the trademark infringer even if the infringer is not in the US through the social media outlets. Each outlet has a mechanism to file such complaint. BTW, please keep in mind that according to trademark law a trademark holder has the duty to protect their trademark or risk losing it, so in fact you may have no choice but to pursue the infringer as soon as poossible.
Roman R. Fichman, Esq.
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