- Jurisdiction
- US Federal Law
We received this letter from a competitor's attorneys. I changed the competitor's name to 'Trusted Movers' and our company's name to 'National Shippers' for anonymity.
This firm represents Trusted Movers, Inc. the owner of the service mark TRUSTED MOVERS (the "Mark"). Our client has continuously used this Mark in interstate commerce since 1983. Trusted Movers, Inc. owns the federal registration of the mark TRUSTED MOVERS, INC., United States Patent and Trademark Office Registration Number #######. Our client also owns the domain names www.trustedmovers.com and www.trusted-movers.com, among others.
It has come to our attention that National Shippers ("National") is using the Mark in the form of Google advertisements and on its website. In particular, we have seen the below search results from a Google search of "Trusted Movers"
Ad. Trusted Movers - Save With #1 Rated Home Movers 15+ Years Experience - Fully Insured - Get Instant Quote
Furthermore, National's website prominently displays "Trusted Movers" as a heading on the homepage
National's use of Trusted's Mark as an SEO term and as a trademark on National's home page is intended to divert internet traffic away from our client by using Trusted's own registered trademark to cause confusion. Your use of the Mark infringes on our client's pre-existing mark, dilutes the strength of Trusted Movers, Inc.'s mark, is likely to cause confusion, and constitutes unfair competition.
If necessary, we are prepared to litigate this matter in federal court, as we have with dozens of other infringers. However, our client prefers to resolve this matter without taking legal action. We are requesting that you voluntarily agree to cease and desist in the use of the Mark, including on your website and in hashtags, metadata, metatags, social media, and the internet.
We searched the USPTO website for the word mark 'Trusted Movers' and found 'Trusted Movers, Inc.' is trademarked
Our question is: Is this still considered trademark infringement even though we're using 'Trusted Movers' and not 'Trusted Movers, Inc.'?
The way we see it is our company is a 'trusted', 'dependable', 'reliable', 'experienced', moving company.
Are we not able to use "power words" just because it's part of their company name?
Please advise, Thank you!
This firm represents Trusted Movers, Inc. the owner of the service mark TRUSTED MOVERS (the "Mark"). Our client has continuously used this Mark in interstate commerce since 1983. Trusted Movers, Inc. owns the federal registration of the mark TRUSTED MOVERS, INC., United States Patent and Trademark Office Registration Number #######. Our client also owns the domain names www.trustedmovers.com and www.trusted-movers.com, among others.
It has come to our attention that National Shippers ("National") is using the Mark in the form of Google advertisements and on its website. In particular, we have seen the below search results from a Google search of "Trusted Movers"
Ad. Trusted Movers - Save With #1 Rated Home Movers 15+ Years Experience - Fully Insured - Get Instant Quote
Furthermore, National's website prominently displays "Trusted Movers" as a heading on the homepage
National's use of Trusted's Mark as an SEO term and as a trademark on National's home page is intended to divert internet traffic away from our client by using Trusted's own registered trademark to cause confusion. Your use of the Mark infringes on our client's pre-existing mark, dilutes the strength of Trusted Movers, Inc.'s mark, is likely to cause confusion, and constitutes unfair competition.
If necessary, we are prepared to litigate this matter in federal court, as we have with dozens of other infringers. However, our client prefers to resolve this matter without taking legal action. We are requesting that you voluntarily agree to cease and desist in the use of the Mark, including on your website and in hashtags, metadata, metatags, social media, and the internet.
We searched the USPTO website for the word mark 'Trusted Movers' and found 'Trusted Movers, Inc.' is trademarked
Our question is: Is this still considered trademark infringement even though we're using 'Trusted Movers' and not 'Trusted Movers, Inc.'?
The way we see it is our company is a 'trusted', 'dependable', 'reliable', 'experienced', moving company.
Are we not able to use "power words" just because it's part of their company name?
Please advise, Thank you!