Trademark Violation- Lawyer of Company is Ignoring Me

[sheckay]

Hello. I own a computer repair service with a very catchy name (that I trademarked years ago). Recently, I noticed someone in my area (right around the corner from me) is operating a business named with the catchy part of my name in it's own name. The trademark I own specifically states that I own trademark protection of this catchy word within the industry of computer repair.
When I learned of this business, and its name, I contacted the owner. I gave him 30 days to straighten this out. He has since hired a lawyer that sent me an registered letter. That letter stated that he is to be my point of contact regarding this issue, and that he doesn't believe that his client should ever be restrained from using this catchy word.
I sent him an email, embracing him on this issue, and asking him if he's made this claim after already being aware of the trademark that I own. And I copied my trademark info straight from the USPTO website.
He has not responded to any of my emails, phone calls, or faxes.
I'd hate to have to involve a lawyer. Business is slow, and I don't want to get involved with what I can't afford.
How can I get this lawyer to respond? Why do you think he's ignoring me?
Thanks in advance.

[jk]

If the shop owner does not stop using the word, the next step is yours. You can either keep sending letters to the lawyer, which will make it look like you are probably not going to do anything other than send letters or you can hire an attorney to send a letter for you. He will realize that at least you spoke with a lawyer. That may spur him into responding, maybe not. If he doesn't, the ball is in your court.

[sheckay]

Can I sue him to recover these fees?

[jk]

You can always ask but it appears the law typically does not award them.

Sec. 1117. Recovery For Violation Of Rights; Profits, Damages And Costs; Attorney Fees; Treble Damages

(a) When a violation of any right of the registrant of a mark registered in the Patent and Trademark Office, or a violation under section 1125(a) of this title, shall have been established in any civil action arising under this chapter, the plaintiff shall be entitled, subject to the provisions of sections 1111 and 1114 of this title, and subject to the principles of equity, to recover (1) defendant's profits, (2) any damages sustained by the plaintiff, and (3) the costs of the action. The court shall assess such profits and damages or cause the same to be assessed under its direction. In assessing profits the plaintiff shall be required to prove defendant's sales only; defendant must prove all elements of cost or deduction claimed. In assessing damages the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, not exceeding three times such amount. If the court shall find that the amount of the recovery based on profits is either inadequate or excessive the court may in its discretion enter judgment for such sum as the court shall find to be just, according to the circumstances of the case. Such sum in either of the above circumstances shall constitute compensation and not a penalty.

The court in exceptional cases may award reasonable attorney fees to the prevailing party

.

and notice, it said: prevailing party, not plaintiff nor defendant.

[sheckay]

I see. Thank you very much. I guess I'm just going to have to get an estimate from my lawyer, and make my move. It's such a clear violation, I have to do it. That's why I went after the trademark. It's just unfortunate that I was told this lawyer's going to be my new point of contact, but he's just the void who's receiving my communications. I wonder if I should just go back to pestering the business owner, and make him tell his lawyer to start talking to me?

[jk]

A lawyer, once given notice that a person has their own lawyer and notified that is the contact point must abide by that demand. An individual is not bound by the lawyers rules and could contact the individual but I suspect what you will get back, if anything, will be a letter telling you that the lawyer is the point of contact and to not contact the individual again.