OT: Question for the lawyers out there

[Buythatcard]

I have run my business under the name of Buythatcard for over 21 years. I received a New Jersey Business Name Certificate back in 2004.

I just recently stopped selling cards but it does not mean I won't be back one day. So, I want to keep my business name intact.

It was brought to my attention that there was another business out there using my business name. It appears to be a Japanese company. Their website says Buythatcardshop.com but they reference themselves as Buythatcard in multiple places on the Internet.

Do i have a right to stop this business? Is it even worth pursuing?

[Exhibitman]

Originally Posted by Buythatcard

I have run my business under the name of Buythatcard for over 21 years. I received a New Jersey Business Name Certificate back in 2004.

I just recently stopped selling cards but it does not mean I won't be back one day. So, I want to keep my business name intact.

It was brought to my attention that there was another business out there using my business name. It appears to be a Japanese company. Their website says Buythatcardshop.com but they reference themselves as Buythatcard in multiple places on the Internet.

Do i have a right to stop this business? Is it even worth pursuing?

You really need to consult with a trademark attorney to get a realistic understanding of your potential rights. This is not the place to get advice worth following.

[parkplace33]

Defer to lawyers, but not sure going after. Non US company is worth the time/money.

[Leon]

Do as Adam said ..

But unless they are hurting your business who cares? Too many other things to worry about...
.

[Buythatcard]

Originally Posted by Leon

Do as Adam said ..

But unless they are hurting your business who cares? Too many other things to worry about...
.

Not hurting my business yet. Just don't like anyone trying to use my business success for their own gains.

I still like to hear opinions from this board. Not always the best ones but there are always a few good ones.

[chalupacollects]

On future endeavors put a disclaimer that you are not affiliated with them… not a lawyer btw…


Sent from my iPhone using Tapatalk

[Peter_Spaeth]

They're doing modern basketball breaks and cases. If it were me I would let well enough alone. Nobody is going to confuse you with them.

[brunswickreeves]

My Patent Attorney once advised me: ‘Patents and Trademarks are a costly license to sue.’ So do you really want to go down that path given your time and money available, especially when Japanese language translation costs would be a factor and HUGE cost from your attorney? Or focus your capital and time on furthering your business, etc.?

As a real world example, I enforced my startup’s vendor contract 5+ years ago with a US based product testing agency and it cost well over $2K.

[Peter_Spaeth]

Originally Posted by brunswickreeves

My Patent Attorney once advised me: ‘Patents and Trademarks are a costly license to sue.’ So do you really want to go down that path given your time and money available, especially when Japanese language translation costs would be a factor and HUGE cost from your attorney? Or focus your capital and time on furthering your business, etc.?

As a real world example, I enforced my startup’s vendor contract 5+ years ago with a US based product testing agency and it cost well over $2K.

2K in legal fees for most engagements is a pittance.

[Snapolit1]

Originally Posted by Peter_Spaeth

2K in legal fees for most engagements is a pittance.

Yeah, unless you are McDonalds and are going after McDavids, selling hamburgers with some kind of yellow arch like thing, I'd probably ignore them. No offense, but likely this Japanese company has never heard of your business.


If you have a lawyer friend dash off a form cease and desist letter to them might be worth a stab at shutting them up. Beyond that will get very costly quickly. Particularly with the non US element as others have pointed out.

[Snapolit1]

Originally Posted by Peter_Spaeth

2K in legal fees for most engagements is a pittance.

Peter charges more than that for a handshake in the lobby.

[samosa4u]

You go after them, then a year later another Asian company will use the same name

[Buythatcard]

It's not worth pursuing. Since I am no longer planning on selling.

Just pissed me off when I first saw it, but now I am over it.

I appreciate the feedback from the forum.

[Lucas00]

Just checked the website linked in the first post. They are Chinese, not Japanese. If you know about Chinese copyright laws you know they essentially don't exist (well they do but they aren't enforced at all). So pursuing anything would be like pursuing a ghost. Nothing would ever happen. If the billion dollar brands can't do anything about it I wouldn't like my chances lol.

[gregndodgers]

Lawyer here. I would only be concerned as a business owner if they are targeting U.S. consumers (i.e., your market) and taking business away from you. One thing you should do is check the U.S. Trademark Office (USPTO) and see if their business name is registered in the U.S. If they are, then you may want to initiate a claim against them. If not registered and you believe they are providing products / services to U.S. consumers, you may want to send a very strongly worded cease and desist letter for nefarious (i.e., intentional) infringement. See samples on the internet. But as many have said already, it's very difficult to enforce your trademark on Chinese companies unless they have registered through the USPTO.

Good luck!

[Peter_Spaeth]

Originally Posted by Snapolit1

Peter charges more than that for a handshake in the lobby.

It takes time to get down to the lobby. I imagine 2K would not even have paid for a handshake at Skadden.

[FrankWakefield]

I think what greendodger and Leon said are sagacious... Sounds like you did not trademark the name, so I think you don't chase that.

If you don't leave it alone, then a somewhat friendly letter (although it probably won't sound friendly after it's translated) might establish what kind of cards you were dealing with in your business (I think I've gotten one of your business cards a few times over the years), and that so long as their business is in that new stuff, there should be no problem. But I don't think that'll be an inexpensive letter for you.

Now about those $2k handshakes... y'all are thinking pre-Covid. Get with the times, take 4 or 5 large with you.