Cease and desist demand letter from google?:
We have been selling Google / Apple / Samsung products on amazon for past decade never had a problem what so ever.
Recently got this letter from googles law firm asking us to not sell Google products from Amazon (We got these devices brand new sealed from Sprint)
I've read on reddit some said Cease and desist could be big or small and varies case by case...
any opinions and suggestions would be greatly appreciated.
Matthew’s answer: Without knowing the specifics of why they’re asking you to stop selling, it’s hard to give you much to go by. And you should not share those specifics here - you should consult with an attorney experienced in the reason they’re asking you to stop. It might be a trademark or unfair competition complaint, it might be fraud concerns - can’t know. Find and hire an attorney.
What do i do my buisiness name has been taken by a new buisiness that has no intention of fiing there mistake because the count?: my salon is named doggie styles pet grooming and on my sign ive got my name because though this store is farelly new ive been grooming 27 years never seen this hapen.. but a new mobile unit has opened doggie styles by norma. i spoke with her she had no intention of changing her name because the ourthouse didnt seem to have any reason that name wouldnt work so she feels its fine. maybe we could refer to one anouther was her eact words. the longer this sinks in i feel my customers confusion and as if shes riding my reputation because i have a different type of shop its one on one no 140 dogs a day as some shops here are doing. iam also the only one that works with dogs others cant.. am i outta line or how do i deal with this?
Matthew’s answer:
You have senior rights to the phrase “doggie styles” over this other user. It sounds like you don’t have any Texas or Federal registrations, so your rights are by use only.
The important considerations are where you’re located, where you draw customers from, where you advertise or are known, and where the other person is and does business. If you’re seeing actual confusion among your customers it may be worth speaking with a lawyer in Texas
I want to name an eyeshadow palette Miami because the colours are inspired by that city. Is that illegal? : I just want that to be the name of my product, and have that written on the packaging (just for that specific product), however, I am not sure if that is illegal or if that would get me into any legal trouble. There is an eyelash company that sells eyelashes with the name Miami in it, so that's why I am unsure.
Matthew’s answer:
You might be infringing someone else’s trademark rights, whether they are registered or not.
Marks that use geographic names have a particular set of obstacles to overcome for registration: they can’t be misleading by making it sound like the product or service is associated with a location they’re not from; and they are hard to register if the mark is describing a place it is from. It doesn’t leave much room for marks with place names: it has to be a famous mark, or be a place people don’t know.
It sounds like you’re not trying to register the mark. You might be able to use it. Speak with an attorney for more specific guidance.