Legal Question in Intellectual Property in New York

Trademark

I sell ''adirondack'' chairs. Someone has trademarked ''adirondak'' under serial number 77184809. They have emailed me a cease and desist from using the word ''adirondak'' on my site (it is a common mispelling). Can they do that? Can they have me remove links to the Adirondak Lodj or Adirondak Mortgage company? Can they ask them to take Adirondak out of their name?


Asked on 4/02/09, 3:53 pm

1 Answer from Attorneys
Gary Adelman Adelman Matz, P.C.

Re: Trademark

Not likely. If you review the trademark registration of their trademark there is a disclaimer that says, "NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ADIRONDACK" APART FROM THE MARK AS SHOWN

Description of Mark Color is not claimed as a feature of the mark. The mark consists of the word "ADIRONDAK" in bremen bd bt font with the first "A" in the word "ADIRONDAK" in normal capital letters and the remaining letters "D-I-R-O-N-D-A-K" in small capital letters."

This means that they do not have the exclusive right to the work ADIRONDACK. The word that you are using. You probably should not have been sent a cease and desist.

Please contact a trademark attorney who can properly respond to the cease and desist letter.

This is not legal advice and by answering this question, I have NOT established an attorney-client relationship with you or anyone else.

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Answered on 4/02/09, 4:51 pm


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