Trademark infringement & Dilution

I own the trademark “il Padrino (R)”. I sell coffee on the internet. A pizza restaurant is using my trademark (identically). Two other restuarants have cease the use. This one doesn’t want to. Half owned by an attorney who feels he doesnt need to stop using my mark. What part of the law (Lanham act, Trademark Dilution Revision Acto of 2006) do I use to justify a cease & desist letter?

what part is that?

The part where it says ‘don’t send a cease and desist to a attorney without hiring your own attorney first’.

(And one that specialises in IP Law).

No one should have to pay for knowledge. Especially in a forum that is looking for knowledge. If the Law can only be obtained at a price, then we live in a sad world where no one shares knowledge. If someone is using your trademark, you should know the law that prevents others from doing so. Heck, they should have put it on the certificate that awarded you the trademark. So will ask again, what is the law that prevents others from using your trademark?> BTW I have read both the Lanham Act and the Trademark Dilution Revision Act of 2006 and there is no where in the Law that says you need to get an attorney.

It doesn’t say that anywhere - sorry, I was being facetious. :eek:

What I was trying to say (long-winded version):

If you have to ask a forum for advice on what law to quote in a cease and desist, don’t you think it would be wise to instead talk to an IP attorney and maybe get him to write it for you? What happens if the forum advises you incorrectly? Remember, you are sending the C&D to an attorney - he’ll eat you alive at the slightest mistake. Anyway, he’s already told you to he’s not going to stop using your mark - doesn’t that tell you that perhaps you need to get professional help?

Get yourself representation. You must have heard the following quote:

He who represents himself has a fool for a client

il Padrino, don’t forget that the law allows you to recoup attorney’s fees should you win the case. If you lose the case, then it sucks for you as you might owe HIM as well as your own lawyer, but that’s entirely dependent on whether the judge/jury feels the case had merit or not.

You don’t need to pay for knowledge, you can learn it on your own. But, you’d better find a more effective way of learning that posting on a web development forum or you’ll wind up hiring a lawyer in the end.

And if you posted your actual mark here, there’s a chance the attorney itself
(?) might be smart enough to find this post and possibly use it against you.

Why would that be a problem? And how could it b used against me?

Yes. Anything you send over is an admissible statement and if you mis-speak about your position you may weaken your case, or even open the door for a counter-suit against you. You don’t have to pay to know the law, but you also have to realize that those you are going to go up against have, and in a dispute it’s far more pragmatic to be rational and use the right resources than to craft lofty statements about what’s right and wrong.

Remember, you’re the one asserting your rights to stop someone from doing something… not being stopped by some large company.

Those are very vague possibilities. Sure, you could screw up your ‘case’ but there is no case at this time and the only way you would screw it up is if you disclose something that will specifically hurt a potential case.

You can’t really asset the fact that anything you ‘send over is admissible’ because there is no such case and no court hearing it therefore no such rules apply yet.

I do agree that in situations like this, it’s usually just a good practice to keep your mouth shut and posting the details on a forum is the opposite of that!

Besides, some laws and its processes are complex enough as they are. Doing
this yourself instead of a licensed practioner with real-world experience doing
this for you will surely consume considerable time and effort, especially if you
value them a lot.

And as stated before, you’re dealing with a lawyer who sounds like eats these
things for breakfast. You’ll want someone essentially on equal footing with…it.
(it being the lawyer, heh…)

Actually, the law states that if you don’t defend your trademark you can lose it, so you want to send a cease and desist letter. Further, sending the cease and desist leter increases the liability of the other side if they don’t stop using your mark.

You can hire a lawyer to send the cease and desist, or you can probably find a free form on the internet.

However, from your posts, it it may be that until you have a lawyer, the lawyer on the other side won’t take you seriously.