Being popular can pose a host of problems. Like, Kim Kardashian and Kanye West having to beef up their security teams after getting threats resulting from Kanye’s tweets regarding Donald Trump. Don’t ask me how or why I have that random information!
Businesses face issues too once they start gaining popularity and are successful. I have a client who owns a pretty successful moving company in New York, let’s call it Hard Core Movers. He has a US federal trademark registration over his brand name and has been successfully running his business since 1998. Others in the moving business have tried to gain over his goodwill and reputation by using his brand name.
A competitor in New Jersey registered his business earlier this year with the New Jersey Dept. of State under the same name, Hard Core Movers. His business is listed on Facebook, Yelp, Google and other such online platforms. Customers of my client or those intending to do business with my client have been mistakenly reaching out to the New Jersey competitor. My client is not only losing clients but his reputation is being affected because the competitor’s services are subpar.
We had to come up with a plan of attack to prevent such behavior from the competitor. We first sent take down notices to all the online platforms notifying them of my client’s trademark rights and the competitor’s unauthorized use of the Hard Core Movers name. Once they saw the trademark registration, they immediately removed the competitor’s listing from their websites. The competitor will now have to file a counter notice and show how he has superior rights to use the name, in order to get his listing back on those websites. That is already an uphill battle for him.
Simultaneously, we wrote a strongly worded cease and desist letter to the competitor, notifying him of his infringing actions and that if he did not immediately stop using my client’s brand name, my client will sue him and recover damages from customer misappropriation and infringement, among other claims. Additionally, we threatened to take his listings down from any and all online platforms.
The client also issued a statement to be published on various platforms clarifying that there is affiliation between the 2 companies and redirecting web traffic to his website.
This strategy helped my client regain control over his business and clients.
At Nupur Shah Law, we help business owners protect their brand and business. Call us at 646-820- 1366 or email us at email@example.com. I am happy to have a complimentary conversation with you on how to secure and/or defend your rights.