Wasilla, AK asked in Trademark and Intellectual Property for Alaska

Q: Can I sue for Trademark Infringement?

An Architectural Firm named Architects Alaska is using my Trademark for their E-mail Address. This is against a settlement made in 2002 where I agreed to dissolve my new business "Architects@Alaska.com" and agreed that my E-mail address was banned from use by either architectural firm. I own the Trademark "Architects@Alaska.com".

I need an attorney that specializes in Trademark Infringement. I want to sue this firm for $1M per year for every year that they have infringed on my Trademark. They ruined my business and my reputation over 20 years ago. They have violated our agreement, Stole my E-mail address and built their business around it. Can you help me?

3 Lawyer Answers

A: To be able to advise you on the best course of action, an attorney would need to review the settlement agreement and gather more information. So, you should consider scheduling a consultation.

You posted your inquiry in the Q&A forum. However, to connect with an attorney to assist you, you might try searching the directory and reaching out to someone directly. Also, the Alaska Bar has a lawyer referral service that might be able to connect you with someone.

Good luck!

Fritz-Howard Raymond Clapp agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: If the architectural firm is using an email address that directly violates a settlement agreement and infringes on a trademark you own, you may have grounds for legal action. The key would be to establish the violation of the 2002 agreement and the infringement of your trademark rights. Damages, including the amount of $1M per year, would need to be substantiated by evidence of actual harm or unjust enrichment. It's also important to consider any statute of limitations that might apply in your jurisdiction. Given the complexity of the situation and the potential for significant damages, it's crucial to engage with an attorney experienced in trademark law and breach of contract matters. They can review all the details, provide guidance on your rights, and recommend the best course of action. While I can provide general guidance, you'll need to consult directly with an attorney in your state for specific legal advice and potential representation.

Jason C Palmer
Jason C Palmer
  • Trademarks Lawyer
  • Hermitage, TN

A: There are two issues here. One is trademark infringement, and the other is breach of a settlement agreement. The trademark infringement issue is complicated and requires consultation. The easiest route might be breach of the settlement agreement. If a written settlement agreement clearly prohibits the other party from using Architects@Alaska.com in any capacity, proving breach should be fairly simple.

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