Quote:
Originally Posted by Kiwigirl
Why do companies invest in TM? To protect their brand that they have worked so hard for.
I am speaking from experience here so.........
I would suggest contacting your lawyers and have a C&D written up and distributed (by registered mail) to the competitor infringing on your TM.
In the C&D have your legal representation stipulate that they are required to pay your legal costs for having to send this out and that failure to comply by certain date will result in necessary action in Federal Court where they will be faced with all fee's as well as $ for damages and potential revenue lost.
Be sure to include that TM #.
Then wait for compliance.
If they don't then contact Google and get ready to sue the them for what is rightfully owed to you.
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Even if the terms are trademarked it's a very difficult case to prove... I'm not really familiar with the specifics, but you have to prove that trademark was used to deliberately to confuse the surfer...
so for example bidding on "2much" keyword, and displaying an ad "Check out these hot cams" wouldn't infringe on the trademark
if on the other hand the ad said:
"Click here for 2much cams " and when clicked it would take the surfer to a competitor then it would probably be infringement... but far from an open and shut case... it would probably cost 5 figures to run a lawsuit like that...