California | Intellectual Property
Legal Question
Trademark
I'm a real estate agent of 17 years. 2 years ago I trademarked my own name with CA Secretary of State. 11 months ago I found out that 2 companies are using my name for various purposes, including advertising, using in writings, letters, reports, etc. When I found out about that I wrote them letters, first certified (no return receipt), then 3 regular letters asking & demanding to stop using my name because, 1, my name is my property, & 2, it is a registered trademark. They ignored me, never replied to my letters. In my last letter I even offered them to pay me a leasehold amount for the use of my property. I don't mind them using my name as long as they pay me a fee for its use. Questions:
1. If my name is my property and it is my reputation and my name is used in commerce and it is a legally registered trademark can I sue them for the leasehold fees for the use of my property?
2. Do my letters (1 certified - no return receipt & 3 regular 1st class mail) consider as a proper and sufficient number of notices to show it to the court as evidence in the possible case?
3. How many notices shall I sent to consider it sufficient number?
4. Is it dillution or infrigment?
5. Regular or small claims court?
Thanks
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