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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.