QUESTION
I've sent a cease & desist letter, but no action was taken. Is it worth it now to sue?
Asked on Jul 07th, 2016 on Intellectual Property - Nevada
More details to this question:
My company name is trademarked, and two other companies are now using a very similar name in their marketing. We have had cease & desist letters drafted by an attorney and sent via certified mail, but there was no response and the action persists. We would like to take the next steps to end this infringement on my trademark.
1 ANSWER
I recommend that you go back to the lawyer that drafted the cease and desist letters for you and discuss the situation with her/him. You need to have a frank discussion on the issues of priority in the marketplace, whether or not your trademark is registered with the USPTO, the cost of filing a lawsuit for trademark litigation and the chances of success in court. If the lawyer you hired is not an experienced trademark lawyer then you might want to find a trademark lawyer who has actually litigated a trademark infringement case in court. Best of luck.
Answered on Jul 11th, 2016 at 6:53 AM