Legal Question in Legal Ethics in New York
I have owned a website called tricitdeals.com since April od 2002. I just received a letter from an attorney claiming that I've made "unauthorized use of the Owner's trademarked work entitled citydeals.com (the "Trademark") in your business operations. The owner has reserved all rights in the "Trademark" which was first published in 2003 as www.citydeals.com .........This firm is prepared to enforce the Owners right's concerning trademark and/or copyright infringement." They also state my website is essentially identical to the Trademark and clearly used the Trademark as it's basis of creation.
Am I violation of their trademark? What does it mean when they say �we demand that you immediately cease the use and distribution of all infringing works derived from the Trademark, and all copies of it, and that you desist from this or any other infringement of the owners rights in the future�
What are my options?
Thanks in advance
1 Answer from Attorneys
Under Trademark law, in general, if your use of the website creates confusion in the marketplace, then you may be violating their mark. In addition, because they have a mark, they could also file a Uniformed Dispute Resolution claim with ICANN and appropriate the website from you.
Since you have received an attorney letter, it is highly recommended that you retain an attorney as well to protect your rights. Feel free to contact my office at your earliest convenience.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
email: Info (at) TheLegalist (dot) com
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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
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