I have got a business and I have the name trademarked. I have gone to a lawyer who pretty much told me that i would be sinking money into something that would just be more of a hassle. The name is being used in his site and is actually ranking higher than mine?!? WHat can i do?
Your lawyer should be able to write a cease and desist letter. That should cost a few hundred dollars. If that doesn't work, the next step is to take them to court, which will cost a whole lot more. If you do not defend your trademark, you can lose it.
Trademark law is not black and white. You may have a trademark, but it isn't trademarked in all available classifications. Is the site selling or offering the same product? When you say it is being used "in his site" are you talking about the actual domain name, or the content? If it is the domain name, as suggested, ICANN would be your best bet as long as the usage is the same. If you're selling electronics and he is selling T-shirts, that is another story. I have several Federally Registered Trademarks. I have one on a four letter word that now uncontestable. Someone else owns the .com but I have no legal right to stop the usage because they are selling something that isn't even closely related to my trademark classifications. If they changed the content to one of my classifications, I could claim infringement - but still wouldn't be able to take the domain as long as they stopped the infringement. You need to see an intellectual property rights attorney. Yes, it will probably be a waste of money from the perspective of recovering what you will spend. Even though you can get treble legal fees, it's the small guy who is always infringing and it's very hard (or not worth the hassle) to try and recover the money in most cases. Trademark owners are REQUIRED to take action against people infringing upon their trademark or they actually risk losing it. Most people will stop the infringement with a letter from an attorney - but it can get expensive if they don't.
I'll also add, did you actual file for a Federal Trademark more than 6 years ago? It takes six years (1 notice period) plus 5 years before your trademark is finalized. If your trademark isn't six years old, you want to make sure he doesn't have prior usage rights because he could wind up taking your trademark. You also need to make sure he wasn't using the name prior to you even if you registered the name six years ago and been granted the trademark. You usually can't stop someone from using the name if they were using it before you, although you can limit expansion of their usage.
Ok well here is is. If you go to http://www.tweaksbygeeks.com that is me Now if you goto tweeksbygeeks.com that is him. he is squatting on a domain as well. tweaksbygeeks.info if you do a google of http://www.google.com/search?sourceid=navclient-ff&ie=UTF-8&rls=GGGL,GGGL:2005-09,GGGL:en&q=tweaksbygeeks he is listed 3, 4, and 5 here is my tradmark. http://tess2.uspto.gov/bin/showfield?f=doc&state=mkr73n.2.1 this guy is out to bash my business and i am not sure what to do. obviously his business sucks and is crooked. Thanks again for helping me.
yes i have had the name first as i have registered it before any of his. I am also a llc in the state of georgia. why do people play these stupid damn games. I am very heated over this.
There must be something more to the story - it really doesn't make sense that someone would go to all this trouble (and expense) to interfere with a business for the jollies of it. Has this party asked you for money? Has there been any contact at all? I've saved a ton of legal fees in the past by simply contacting the party I had an issue with and trying to work out a solution I could live with. Calling your lawyer first when a dispute arises is almost always the wrong move - once they get involved, tempers escalate and everybody loses except, you guessed it, the attorneys. Not all attorneys are like this, but most of them understand how much money can be made by fanning the flames in a dispute. So, what's the real story here - is this your ex-wife or disgruntled ex-employee???
LOL no. This guy just thinks i have most of Savannah, Georgia locked down and business is good. He is a nickel dime operation where he hires techs to do a job and knows absolutely nothing about the business. He sells car stereos mainly. I am amazed the effort he puts forth in it though. He just doesnt quit. I just dont know.
If you click the contact information, it brings you to your website. You could certainly go after him, but you need to decide if it worth the money. A state registration is different than a Federal Registration, but since this guy lives in the same state it would still apply.
You're not kidding - that's about the worst website I've ever seen. I can't believe anybody would spend a dime there - here's my favorite quote from the site: "WE CAN BUILD YOU A CUSTOM COMPUTER TO YOUR SPESSIFICATIONS" But the best bits are the pictures of the car stereo "shop" - this one is a classic: I love the fact it's next to a grain silo, so it's easy to find I personally think this knucklehead isn't worth worrying about since his website links to yours on almost every hyperlink. I guess it really depends on how much of your traffic is coming from the web...
Thanks for the input guys. I will certainly think about it and let you know. Yeah this guy is a real winner. I have already heard stories about his shop. IE swapping out parts w/o cust knowledge etc. My business is doing very well. I may just wait and see if it blows over. Thanks again!
Just remember that if you don't defend your trademark against infringement, you risk losing it. There are a lot of good lawyers in Savannah. I would ask around for a good trademark lawyer and at least have an initial interview. While this guy is a hopeless mope, you don't want to lose your trademark through tolerating this stuff.
Legal action is best....also work on getting him banned in the SERPs. UDRP his host as well C&D his ass READ THIS NOW: http://www.seologic.com/faq/copyright.php
I am the owner of the Business Tweaks By Geeks, in Lake Worth, FL. We work in Palm Beach County. You show your maturity when you posted this. "this guy is out to bash my business and i am not sure what to do. obviously his business sucks and is crooked." Oh really I'm bashing your business and I don't even know who in the hell you are? I don't sell any stereos, though I do know how to install them. I have over 7 years of Experience and I'm only 21 years old and my company shits on yours. The reason we are ranked higher than you is because we are more experienced and know how to utilize seo technologies unlike yourself. I have a Degree in Information Technology and have worked for several companies outside of FL, especially in the Texas area. I used to work for DP Solutions out of lufkin, tx. Don't believe me call them. We do web design and computer repair in SOUTH Florida, not GA. I have worked on several major companies including Stallion Oil, Several major insurance companies including allstate, banks, jewelry stores, hospitals, nursing homes. We are reputable you are not. I am actually an experienced in my field of business are you? Maybe before you go posting shit online you should actually contact the said business and listen to what they have to say. Especially false shit. Nickel and Dime operation? We have 4 techs, two of us are business partners. All of our techs are certified with degrees and would be more than happy to post them to put them in your lying face. I am again in south florida, we are not in competition with you, nor have I myself ever spoken to you. The owner of Tweaks By Geeks. Rance White you want to call me? I will gladly give you my number. This is childish man please grow up. The efforts I go through? lol Just because I outrank you in google doesn't mean I'm competing with you, or that I'm bashing your company. For those that falsely state that my site links to theirs? Um no. www.tweaksbygeeks.biz
You are posting in a thread from 2005 - you might want to chill out and stop making an ass of yourself.
You don't have even the right domain - obviously they didn't teach you reading comprehension for that Degree in Information Technology.