MOO-cows Mailing List Archive


Re: Cease and Desist!

Followup to:  <>
By author:    "Robert J. Brown" <>
In newsgroup: local.moo
> First off, this guy has no idea what he is talking about, since you
> cannot copyright a company name, although you can trademark it.  Just
> because he has named his company does not automatically infer
> protection on that name.  
> Due to his ignoprant statement, I doubt that he has actually
> registered his company name in his home county, much less at the state
> level.  He is not elligible for trademark protection until he has done
> interstate commerce (meaning the sale of goods or services across
> state lines), and ebven then, he must file for it after a search, and
> the protection is only in the areas he registered it under.  

INCORRECT - Trademark protection applies whether or not it has been
registered (and you are not required to do a search, although it is
generally wise since someone else may have an unregistered conflicting
trademark.)  However, if unregistered you can not sue for legal costs.
> His statements show that he does not know what he is talking about.  I
> suspect he made up a company name, but has not obtained the required
> state or federal taxpayer ID number for a corporation, much less
> registered a trademark.

That is legal.  A trademark is defined by use, not by registration.
He needs to have a "ficticious name statement" filed in his home
county, however.

> If you really want to goose him, register the trademark yourself, and
> the sue him!  This has been done before: re the great case of Bonanza
> steak houses vs Ponderosa steak houses.

Won't work; his trademark would have precedence (if it has been used
in interstate or international commerce.)

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