What are my rights if my business name is a registered trademark and I have noticed a blog/YouTube channel using my business name for their site?

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What are my rights if my business name is a registered trademark and I have noticed a blog/YouTube channel using my business name for their site?

They are not an online store but they serve the same type of clients I do. Would I legally be able to ask them to stop using my trademarked name?

Asked on December 30, 2015 under Business Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can force them to stop using a trademark, such as a trademarked name: the whole point of trademark is that only the mark owner has the right to use it (if you want, you can license others to use the mark, such as in exchange for fees or payments, but that's your choice). Typically, you first sent them a "cease and desist" letter providing evidence that the mark is trademarked and registered and giving them a short period of time to stop using it (e.g. 2 weeks). If they fail to comply, you could sue them for  a court order requiring them to stop using the mark and possibly for monetary compensation as well (such as  the profits they made using your mark).


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