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To: invoman
There are two types of identifying marks.
Trademark and Servicemark
Is is selling a item to a service?
When you apply for a federal trade or service mark it is
with the intention that you will be using it in interstate
commerce within a specified period of time.
I believe five years.
If the mark is registered in a state then it is valid only in that state.
Does you site do business in that state?

The question becomes one of uniqueness.
If the words are being used as a descriptive then you can not
preclude others from using them
ie. ______ is a "fast car."
Your goal initially should be to find out who this is.
Do they have deep pockets
Did they file this letter because they believe to not send
a demand letter would be to waive their right to the name.
Does the state of minisota use the phrase "minisota fishing"?
How many other sites use the phrase minisota fishing.
The more normal and non-unique you can make the phrase the
weaker their claim is.

One last point, they may have a lawyer who convinced them
they could hijack the phrase by sending out the letters
Respond, and identify how you are not diminishing their claim.

hope this helps.

ps: is it just the phrase or is there a logo involved?

66 posted on 04/16/2002 8:48:42 AM PDT by Greeklawyer
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To: Greeklawyer
What does the term "used commercially" mean?
76 posted on 04/16/2002 4:22:39 PM PDT by invoman
[ Post Reply | Private Reply | To 66 | View Replies ]

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