/biz/ - Business & Finance

>>12277965
Is their trademark in their business name? They might not have to file in that case and can still sue you.

>>12277965

>>12277983
what's the point of even filing for a trademark in the first place if it can just fall back "i was using it first"? not a rhetorical question. please expand on this because it might put my situation in jeopardy.

>>12277987

unironicly this. whenever i think about it i always picture this in my head.

>>12278009
There is a point of a trademark, but I dont think you need one if its literally your business name.

>>12277965
If they are jews then go after them, because they might be kikey enough to try to take the name from you, so you should initiate the lawsuit instead of getting a lawsuit a year from now claiming you stole the name from them or some jewish shit.
Also go after them if they are niggers because FUCK NIGGERS.
Leave them alone if they are white or asian. If they are mexican then they probably aren't here legally anyway which is why they can't get the name registered.

>>12278009
You don't understand trademark law. If someone can prove they were using it first, they can usually get the trademark.

>>12278041
you're correct. i do not understand trademark law.

>>12278068
This is obvious. And it will backfire on you spectacularly if you follow through on this idea.

Update: found some relavant stuff in the US code

§1115. Registration on principal register as evidence of exclusive right to use mark; defenses
(a) Evidentiary value; defenses
Any registration issued under the Act of March 3, 1881, or the Act of February 20, 1905, or of a mark registered on the principal register provided by this chapter and owned by a party to an action shall be admissible in evidence and shall be prima facie evidence of the validity of the registered mark and of the registration of the mark, of the registrant's ownership of the mark, and of the registrant's exclusive right to use the registered mark in commerce on or in connection with the goods or services specified in the registration subject to any conditions or limitations stated therein, but shall not preclude another person from proving any legal or equitable defense or defect, including those set forth in subsection (b), which might have been asserted if such mark had not been registered.

(1) That the registration or the incontestable right to use the mark was obtained fraudulently; or

(5) That the mark whose use by a party is charged as an infringement was adopted without knowledge of the registrant's prior use and has been continuously used by such party or those in privity with him from a date prior to (A) the date of constructive use of the mark established pursuant to section 1057(c) of this title, (B) the registration of the mark under this chapter if the application for registration is filed before the effective date of the Trademark Law Revision Act of 1988, or (C) publication of the registered mark under subsection (c) of section 1062 of this title: Provided, however, That this defense or defect shall apply only for the area in which such continuous prior use is proved.

>>12277965
don't do it unless it's harming your business