Tempe, AZ asked in Trademark for California

Q: Someone with knowledge of my work applied for a California trademark.

Knowing I was in the process of applying for a Federal trademark, they one upped me and claimed my product as their own and began dealing with my production companies. Would the Lanham Act, 15 U.S.C. § 1051 et. seq. be of any use to me years after the fact?

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2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: Depends on how long it has passed, how long you have had your trademark, and IF you got your registration.

IT may be also fraud, and you can stop him/her if you have rightful ownership.

Consult with an attorney

Marcos, attorney for the creative classes

Robert Philip Cogan
Robert Philip Cogan
Answered
  • Trademarks Lawyer
  • San Diego, CA
  • Licensed in California

A: Claiming someone else's product as one's own may or may not be a trademark issue. There are relevant acts that are not included in your question. Your production companies presumably know who you are. There could be contract issues. The entire picture needs to be presented to an attorney who can evaluate the facts.

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