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Sued for Trademark Infringement After Four Years of Use

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  • 07-22-2014, 01:15 PM
    LawResearcherMissy
    Re: What Happens if I Use a Trademark for Four Years and then Get Sued for Infraingme
    Quote:

    Yes, I see the point but in my defense I registered the domain trying to protect the riskradarenterprise.com URL and reserve it for use of a new website for the company.
    At the request of the company? Or of your own volition?

    If the latter, you cannot raise that as a defense, you did not have permission to use the mark. If the former, you're STILL not entitled to use the mark.

    Either way, you're infringing. You are in the wrong, and if you have half a lick of sense, you will not fight this, and will instead hand over the domain.
  • 08-18-2014, 09:13 AM
    snafu
    Re: What Happens if I Use a Trademark for Four Years and then Get Sued for Infraingme
    Thank you and I would settle this but they want me to sign that I "converted the software". I did not do anything with any software. I have interrogatories where I ask them to produce a list of al the software that I "converted". Version numbers etc... They objected to every interrogatory except one. I am now filing a motion to compel. In an injunction hearing (judge did not grant and sided with me ) they said that they did not have any of the software code. The one interrogatory they answered they indicated that they had all the software except one version label. That's the problem with lying, if you ask the same question several times and you get different answers then you know they are lying. In regards to the trademark, it was my job to increase sales, led the development and talk to clients.
  • 08-18-2014, 09:24 AM
    LawResearcherMissy
    Re: What Happens if I Use a Trademark for Four Years and then Get Sued for Infraingme
    Quote:

    In regards to the trademark, it was my job to increase sales, led the development and talk to clients.
    *sigh*

    That still doesn't allow you to retain use of the mark.

    But you're intent on doing what you want. Good luck.
  • 09-17-2014, 12:33 PM
    snafu
    Re: What Happens if I Use a Trademark for Four Years and then Get Sued for Infraingme
    Thank you for your responses. They can have the domain that's not the real issue for me, the website has been down since the Injunction hearing at a request by the Judge. The issue I face is their "Conversion" claim which has damaged my reputation. Thanks for your help.
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