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    3 Replies Latest reply on Dec 31, 2008 12:33 PM by LUCKIEST

    Trademark Takeover?

    Trillions Newbie
      I have a very odd question. I have a competitor that is operating "anonymously". By that I mean he/she is using a fake name and gives no location information. We both operate businesses within a virtual environment and I am pretty sure this person is pulling in nearly as much as I am...which is about 80k/year.

      Within this virtual environment it is common to use fake names and create virtual businesses with no licenses and no trademarks, etc. That's protocol. It's original purpose was to be "fun". However in recent years it's grown to be more of a business platform bringing actual brand names into the environment to promote their brands.

      Anyone who has decided to get serious about their presence in this virtual environment has had to fight trademark battles. I personally made a decision to trademark my brand and protect it from being used by others. So yes, I have paid the filing fee...waited nearly a year and now have my USPTO registration number.

      When I contact the company that hosts the virtual environment to have infringing trademarks removed I am asked for the serial or registration number. They take it seriously and remove the infringing content. So this is good.

      Now when this competitor started his virtual business, I had no idea he was putting my brand name in search tags and in other searchable content to draw business to his location thus profoting from my brand. He even had a document that he was distributing where he openly mocked and discredited my brand and my name telling others who read it that my products were inferior, etc.

      I had a couple brief encounters with him via chat and at first we agreed to not use one anothers brand names, however he continues to violate our verbal agreement by slipping my brand name in whenever and wherever he can.

      What I REALLY want to do is to take his brand. Whoever he is, he does not want me to know who he/she is. The fact is that if I start using his brand and trademark it, I don't think there's anything he will do. I would love to file a complaint with the hosting company to remove anything he creates using his own trademark. This is my dilema.

      There are actually 2 others who are doing this to me...I suspect maybe the same person but I cannot be sure because I am the only one operating under my real name and business.

      Is it possible for me to take them all down in this manner? Is this a bad move? I feel like I need to make an example out of this person so others won't do this to me.

      Thanks for reading :)