Anyone know anything about registered trademarks?

[burdett]

I have a company saying that I am using my email name illegally because they have it registered as a trademark. Their website has a copyright of 2004-2006. I have been using my name since the early 90's and have been with yahoo since 2000. The US Trademark Electronic Search System - part of the US patent & Trademark office - does not come up with anything for this name being registered. This compay does not include a persons name to contact to fix this plus they have not given me any proof that I am doing anything wrong. They want me to stop using my email immediately or will take legal action. I said no until I see some proof but should I be worried or does this sound like a hoax?

[darik]

Your best bet would be to speak to a trademark attorney. Just because the mark is not showing up on the US Federal site does not mean that they don't have a trademark or prior common-law rights to the name. Also, you'll want to speak to an attorney so you can discuss all the particulars of your situation. Without knowing all the details, it's going to be impossible for anyone here to truly assist you.

Sorry I couldn't be more helpful but talking to an attorney is your best bet right now. Best of luck to you!

[aswynn81]

I'm glad my answer helped you out. Thank you for the best answer vote!

Best of luck to you!

[bergh39]

This sounds like a hoax... your email name is the same as their company? Have you registered the dotcom with their name or is it just the first part of your email? They can't own an exclusive email address if it is just the name part of your email. They could have grounds for lawsuit if you own their dotcom and they can prove you are maliciously hurting their business.

I would wait until you get something legal... The fact that they give you no way to contact the company making the accusation makes me think it is fake.

[adamka]

Just because a name doesn't show up in a database (in addition to the Federal Trademark Database, States mainting registries as well) it doesn't mean that trademark isn't owned by someone else. Use of the name, not registration of the name in a database, is what creates ownership of a trademark.

A trademark has to be used publicly to identify goods or services for sale. So the name of the business, product, or service in public in conjunction with something you're trying to sell, it isn't considered a trademark.

Unlike copyrights, trademarks don't give the same amount of protection to the to everyone; the level of protection depends on how "strong" the mark is as well as other factors including whether or not you are competing with the other business.

Without knowing the details, I would guess that you are safe to keep your e-mail address since you are not offering a competing product or service (for example, Ford Motor Company and Ford Modeling Agency share similar trademarked names, yet no one would confuse the two, so neither can claim financial damages from the confusion of the two). However, lawsuits can be costly...even if you win...it may be easier to choose another address to avoid the situation entirely.

Trademark: Legal care for Your Business & Product Name by Stephen Elias, published by Nolo may be a good resource to read up on some of the details. Consulting with an Attorney is always a good idea if you are being threatened with legal action.