To: invoman
Well, I'm not a lawyer, (yet) but I have a bad feeling...
When did you start using your name. Was his trademark registered afterwards? If so, can you prove you were using the name before.
Also 'Minnesota Fishing' sounds generic. I wonder how many other people are using it.
My advice, get a lawyer who works with intelectual property... ASAP.
6 posted on
04/15/2002 4:46:45 PM PDT by
JAWs
To: JAWs
He was using the NAME of the website first. But as you see....it's a pretty generic term.
I can't find anything that implies he's registered anything. He MAY have a logo registered in Minnesota....but a logo isn't enough to shut me down.
8 posted on
04/15/2002 4:50:28 PM PDT by
invoman
To: JAWs
"My advice, get a lawyer who works with intelectual property... ASAP"
That's just it...why should I spend $500 to check out to see if some loser sent me an e-mail that is not true?
Wouldn't the first thing to happen is a letter from HIS lawyer? Cease and decist?
9 posted on
04/15/2002 4:52:49 PM PDT by
invoman
To: JAWs
That's right. I'm not an IP lawyer, but my understanding is that if you can show you were using the domain prior to the institution of the TM, you're free to continue using it. It's not that difficult to check out TM No. 29748 to determine when it was filed. These things might be a bit costly so if you have any trouble, please let me know via FReepmail. Lexis-Nexis is a handy source for such information.
Good luck.
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