someone is using my company name to advertise their dog outfit . I did a goggle search for my company name i get their ad Q-2

Pennsylvania Viewed 54 times. Posted about 1 month ago in Business

I didn't know how to reply to my answer so i had to post again. I do own the domain name and i have been using the name with the TM mark for years. The company is using doggone couture to sell their dog dress and when i type the name doggonecouture.com i fine them on ebay, how do i tell them to stop? they are not comparing themselves they are using my business name to advertise their dog dress. I have not registered the name. when you do a search for doggonecouture.com you can see how it takes you to their ad and you can see my website and my dog on a utube video , he was a model for FIT in New York and all of the things that i have been involved with. So I wonder if they didn't do this on purpose. This is what you get when you look for me, Juicy's "Dog Gone Couture" line fits sizes XS

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Answers (3)

Robert John Murillo

This attorney is licensed in Colorado and 1 other state. Posted about 1 month ago.

You need to talk to a trademark attorney for them to review and see if there should be a cease and desist or other options. It sounds like you may have a common law mark since you state that you did not register federally. There are also other options through the registrar.

DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.

Laura Mcfarland-Taylor

This attorney is licensed in Illinois. Posted about 1 month ago.

I agree with my colleague - you need to speak with an intellectual property attorney for guidance.

Pamela Koslyn

This attorney is licensed in California. Posted about 1 month ago.

Now you state that "Doggone Couture" is your trademark and your business name, so you may have common law rights to that mark. However, now you state that you use "Juicy's Dog Gone Couture," which may itself be an objectionable mark and not trademarkable because of "Juicy Couture" for human clothes.

You may have trademark and unfair competition claims you could assert against the eBay user, depending on what your company's rights are and what the eBay user's use is, and you still don't describe what the eBay user's use is.

The eBay user may be using metadata in their ad to tap into your name, so you need to contact a lawyer so you can get some specific advice regarding what your rights are and what if anything you should do about this eBay use.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.