I have a product named ID Folder Lock, not yet 100% released. I got the bellow letter, how should I react? I am also in a pending trademark registration, but looks stupid as "ID Folder Lock" is totally another thing as "Folder Lock". Any suggestions? You are being informed that you are using our registered trademark "Folder Lock" reg. no. 2,831,988. For details, go to http://www.uspto.gov to search for trademark status. You are advised not to submit the program anymore to any shareware site, and remove it from shareware sites before they remove it themselves for permanent deletion. Continued forced usage of this term in your software title "ID Folder Lock" would result in statuary damage charges of upto 50,000 USD for you to pay us as a penalty fee. Furthermore, if I do not get a response from your site, I will inform of the infringement to your webhosting service and domain registrar and they may even stop providing you any services without any notices as we will send them CEASE AND DESIST letter. Let me know what you\'ve decided to do, if you need any help, let us know. If we don\'t get any response from you on this matter within 4 days of this email, we will continue with legal action and partner sites notifications. The actual owner of this trademark is NewSoftwares.net, Inc. at newsoftwares.net and you never asked for our permission to use this mark. Neither you had time to do a search for trademarks on the world market before naming your title. *BE ADVISED THAT THIS EMAIL WILL BE SAVED AND MAY BE FORWARDED TO THE BETTER BUSINESS BUREAU OR DELAWARE LEGAL COUNSEL (IF REQUIRED). Regards, Steve Frank.
I'd just do what they say, there isn't much you can do. You are using their trademark without permission and this isn't allowed. Nice website btw.
Your site looks awesome. As stated there isn't really anything you can do. You have infringed on their trademark (even though you didn't know it at the time). I guess you need to rename the product. Skinny
If your software is designed to do what it says below: Then sorry to say that someone else beat you to it. Adding an extra letter or number before the words you're intending to use it in a similar manner above is still potentially infringing their mark. As Skinny suggested, just rename what you created. You said it yourself has not been released to the public yet. That's a nice letter, by the way. I've seen far more brutal ones than that.
Yes it is a break of the other parties trademark, you are using an identical part of their mark as a part of your program name. Timo