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  1. #1
    Join Date
    Aug 2007
    Posts
    9

    Angry Person Registers Our Name with County then Sends Email Cease and Desist

    My question involves business law in the state of: CALIFORNIA

    Hi, we were informed that non-profits do not have to file DBA's with the County of Los Angeles. Only for-profits. Charities are allowed to operate under
    other names w/o registering a DBA. So that is what we did.

    We created a film festival as a fundraiser for our charity. We started festival in May 2009. No other festival had our name. (and still doesn't.)

    Today someone emailed us asking us to "cease and desist" with using the name as they registered our festival name Oct. 2010 with the County.
    They simply registered the name; that's it. Nothing else. Our festival only shows up online when you search for the festival name.

    We have established the name online and off. They are trying to capitalize on our hard work. They have not even created their own festival.

    We were told by the County that anyone can register the name, so they did not break the law; and that we followed the law and can continue to use the name.

    But how do we protect ourselves from this individual? We don't want them to sabotage our festival. What do we do?

    Thanks.
    Patrice

    PS We did go ahead and register a shortened name of the festival with the County just to keep it from anyone else.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Person Registers Our Name with County then Sends Email Cease and Desist

    Unless and until they do something, there's not much to be done in response. If it were me, I would either ignore them or have a lawyer write them a letter telling them to stop trying to steal your name and interfere with your event.

  3. #3
    Join Date
    Aug 2007
    Posts
    9

    Default Re: Person Registers Our Name with County then Sends Email Cease and Desist

    It was suggested to us that we trademark the name. So that is what we are in the process of doing.
    Thank you for responding.

    Quote Quoting Mr. Knowitall
    View Post
    Unless and until they do something, there's not much to be done in response. If it were me, I would either ignore them or have a lawyer write them a letter telling them to stop trying to steal your name and interfere with your event.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Person Registers Our Name with County then Sends Email Cease and Desist

    Registration of a corporation, LLC name or a fictitious name (dba) does NOT provide any property rights whatsoever. It will prevent someone else from registering a corporation or other name that is identical.

    To protect your property rights, register the name (full name and what you are using now) as trademarks. You can register trademarks in each individual state, so register in CA. A state registration is the fastest and cheapest. Lots of marks are not used in interstate commerce and would not qualify for federal trademarks, though with the internet, etc. there are more ways now to establish use in interstate commerce.

    Register your mark(s) with the state and then tell the interloper to go to hell and sue them to cancel the registration of their name.

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