[E-trademarks] Dealing with copycat

[Daniel Kegan]

A single mark on a Tshirt raises possibility it is ornamentation, not mark
Unless your client sells web services, it does not “use mark for website” but perhaps on web site.
Question of what are the client’s goods and services is first that came to mine.
Second, you want to closely monitor TSDR for how adverse application progresses.
Fast, Cheap, Quality are an inherent trinity: yu can get two, not all three;
Faster resolution is easy at more expense—
but need to ensure all your ducks are nicely in row.
Fast to lose is not a great outcome.
Others likely have additional suggestions.

Daniel Kegan *  847-452-2599
Baron Harris Healey, Of Counsel
<DKegan at BHHLawFirm.com>
<http://www.BHHLawFirm.com>
Balanced Counsel for Smart Clients®
29 Kendal Dr
Kennett Square PA 19348-2323 USA


On Dec 16, 2023, at 5:26 AM, Bill Ramos via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
Still learning the ins & outs of this practice and have learned so much sitting on the sidelines reading everyone's posts - Thank you.
I have a predicament. Any suggestions?

Client has been using mark for years for website and clothing line.
Client finally got around to filing to register the mark.
A month before client came to me, a copycat filed to register the same mark.
Copycat shows a single webpage named almost the same as clients with a single t-shirt bearing client's mark.
Copycat started using the mark just a month before filing so client has common law on his side.
Any suggestions on handling this copycat sooner rather than later?
I already sent a cease & desist which copycat ignored.
TIA =}



William D. Ramos, Esq.
Ramos Law, P.A.
Estate Planning
Wills, Trusts, Powers of Attorney
Trademark Registrations

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