Q: If I report a trademark infringer to customs can that person/company sue me? I own the trademark.
I filed a protest with the USPTO to stop their application. The USPTO accepted it but gave them 6 months to file arguments why they should be able to obtain the trademark. I also mailed them a Cease and Desist letter. They’ve ignored both and continue to sell their goods in the US.
I want to contact US customs and inform them of their main storage/distribution warehouse and online platforms that are allowing this company to sell their goods online.
I am afraid they will sue me if they get goods confiscated and are shutdown online by accusing me of keeping them from making a living/interfering with their business. I am confident I would win in court as I was "first to use" but I am a small business owner with very little money to fight a frivolous lawsuit. They are fairly big and have money to burn.
I am also worried that if I do nothing and wait for the USPTO to decide in a few more months that I would be accused of not policing my trademark.
All input is appreciated.
A:
That is the challenge of property ownership. Just like you need to maintain your car, fill it with gas, obey the laws, etc. you have to do that with intellectual property.
You need a good analysis to make sure you have a basis for all your actions.
Consult an attorney.
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