Thread: Trademark help

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    Trademark help

    Hello am looking for some help with a trademark problem.

    I have had a company saying am breaking trademark laws as am using a word they are using. the word is Swapz and i use it as Carswapz and they use it as Swapz. They say due to them having it trademarked i need to change it.

    Is this right.
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    Devshed Regular (2000 - 2499 posts)

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    Do they actually have a trade mark on that work?

    If they don't, I'd be more inclined to forget about it and let them complain.

    If they do, then either give up the domain, and name, or get a good copyright/trademark lawyer. This is NOT something that you'd want to fight yourself, especially if they have a bit of money to throw around on things like this.
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    Devshed Supreme Being (6500+ posts)

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    Here's what I found

    Word Mark SWAPZ
    Goods and Services (ABANDONED) IC 025. US 022 039. G & S: Convertable footwear with interchangeable stylistic elements
    Standard Characters Claimed
    Mark Drawing Code (4) STANDARD CHARACTER MARK
    Serial Number 77242263
    Filing Date July 30, 2007
    Current Filing Basis 1B
    Original Filing Basis 1B
    Published for Opposition January 15, 2008
    Owner (APPLICANT) David Morrow INDIVIDUAL UNITED STATES 1840 E. Brocker Metamora MICHIGAN 48455
    Attorney of Record R. Scott Keller
    Type of Mark TRADEMARK
    Register PRINCIPAL
    Live/Dead Indicator DEAD
    Abandonment Date May 11, 2009
    Somehow I get the feeling that the complainant is not this party.

    Is this an official cease and desist from a law office or a "dude, you shouldn't use our wordz, cuz" email from some schmoe? That really quite a difference.

    If you do see yourself fighting it, yes, you should consult an attorney. Trademark suits can get ugly. However, if you have nothing in common with their business (you trade cars, they sell footwear ...) then you have a good chance of prevailing, if only after a lengthy and expensive legal battle.

    “Today you are You, that is truer than true. There is no one alive who is Youer than You.” - Dr. Seuss

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