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cDragon Beads & Jewelry
I request you cease use of this name immediately or I shall have to take legal action.
Cheryl of DRAGON BEADS Flameworked beads and glass
First of all, he is using cDragon Beads. Secondly, unless you and he are incorporated in the same state, you really have a battle on your hands. If he has registered the name and whatever trademark he might have with the Feds, he wins. You need to do a lot more research on cease and desist on names.
My first job as a lawyer was as a copyright/trademark attorney. The laws have not changed much in the ensuing years.
I no longer practice, but I do keep my nose in the laws.
Begin your research, and then determine whether or not you have the right, time and money to take legal action.
If you want to contact me offline, I can point you in some directions.
I know it can be annoying and surprising when you see your name or that close to it associated with someone else.
Do you know how long cDragon has been in existence? I don't, I'm just asking.
Where are they incorporated? Did you know that McDonald's has lost more suits than it has won regarding name recognition? Even among those "McDonald's" that are restaurants.
NYC has about 1000 (well,maybe not that many) Ray's Pizza restaurants. Only
5 or 6 related to each other.It's not as simple as we might think. I was trying to bite my tongue when this discussion started with Magik Cat's naming thread, but I can't with this. Asking him to cease and desist at this point (and I only see this post, I don't know what research you have done) is inappropriate for a couple of reasons.
Again, please contact me if I can help point you in the right legal direction.
Not true at all! If she can prove she was doing business first, and using the name in commerce she can at least claim her sales area under common law rights. We just finished a case where a woman in another state Federally registered the name we have used for six years. We won, because we had done business in her area, and throughout the US several years before her. She was required to cancel her Federal registration. Registering federally does NOT always equal a win. It helps clarify, but it all boils down to who used the name first in an area. A federal trademark prevents any new people from legally using a name, but it does not usurp previous users.
If it is a concern, a search for common law trademark rights can verify this information, as can the FAQ on the USPTO.gov website, a recent trademark book, or an Intellectual property attorney.
mjoann
not a lawyer, nor do I play one,
but I went to his website to see his "about me" page, and they are set up in Hong Kong.
This might have something to do with the registration?
not trying to argue, just adding that in, so that you can see if it would apply or not.
Mary
exactly. i was going to add that 'cause i went to the site this morning, but ya beat me to it. going back to bed now. it kind of was on my mind during the restless sleep i had, and now, I know, knowing the answer to this little piece of information might let me sleep a little better.
doesn't that sound dumb?
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