What are the solutions for trademark infringement?

Someone that I know in the same business had brought in the goods with my registered Brand name. I have found out about it and
he called me to settle this. He offered me royality fee. What is my right and what should I do to settle this?
Please help.

Thanks,
Michael
Additional information
I sell fashion accessories and I have been using my registered brandname for about 5 years.
The person had brought USD $50,000 worth of goods with my brandname. He said, he didn't know that I have registered this brand and this is his first time bringing with my brand name. He told me that he will not sell these goods until we have come to an agreement.
What should I do?
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Answers (3)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
Apparently some other user had admitted infringing on your trademark and has offered you a settlement, but you haven't provided enough information for anyone to know what is involved - what kind of sales are involved? Are you supposed to abandon your own trademark rights? If this is a forced license, are you able to maintain quality control? Are you being offered an advance against roaylties, and what are the accounting/audit provisions? See an IP litigator and disclose all the facts of your situation and get some specific advice.

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.
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Kaiser Wahab

Kaiser Wahab

Contributor Level 6
From your question, it sounds like the following is true: you have a fashion accessory brand with a registered trademark and someone else has now almost begun using the same brand name, presumably for the same or similar kind of accessories. Moreover, that person has offered to enter into a deal with you before selling those products on a royalty basis.

This is possible a trademark "licensing" opportunity. Licensing your trademark involves entering a contract with a third party so that party can use your trademark to sell yours or their products. As mentioned in another post, while this is an opportunity, you should be very aware of the various factors that should be addressed in any licensing agreement. While royalties/fees (per unit, per territory, flat fee, etc.), are critical, there are a host of other issues that you should address. These include, termination, quality control, audit rights, non-compete, territorial restrictions and a host of others. In short, if you focus only on the monies, you may end up harming your brand name in the long run, turning the opportunity into a nightmare. Also, it may not be worthwhile to enter into an agreement in the first place, given the nature of the other person's operation and product.

I would consult with an attorney to advise you on the feasibility of entering into such a licese with this gentlemen and to draft a license that addresses these factors. On the flip-side, you may be able to try to bar this person from selling the goods using your brand name and that is something you will definitely need to consult an attorney about.

I hope you found this useful.

Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.
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Carlos Gonzalez

Carlos Gonzalez Avvo Pro

Contributor Level 7
Your posting does not have sufficient information to bae an opinion on, i would suggest consulting with an attorney in your immediate area as soon as possible as it seems as a properly regustered mark is being violated, and you may have multiple legal recourses.
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