Trademark rights
Question Details:What are the steps that one would take if you find that someone is using your name to solicit goods that are legally registered with the US PTO a registered trademark to you and already in use even years prior to the registration date? They are also soliciting the name as if trademarked however not and infringing one yours and selling goods that would be deceptive and confusing to the consumer. Note: that the owners first in use is also recored with the US PTO far before the mark was officially TM with the US PTO as well as the other companies recorded inception date. Can you sue them?
Yes, you can sue them. This is a field of law that has a lot of technical rules, so you'd be best off hiring an attorney who does a lot of trademark or "intellectual property" work.
If you can prove infringement, you'll be entitled to damages that would include any loss of business that you could prove as a result; statements from customers who were misled by this might help persuade the other side to settle the case. You would also be able to get an injunction, a court order preventing them from continuing the infringement.
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