Legal Question in Business Law in Florida

A local competitor is using our company name on google adwords to drive traffic to their site. Google says since we don't have a trademark it's too bad. We've used this name and the company name is our domain name since 2009. What should we do?


Asked on 6/17/15, 2:16 pm

1 Answer from Attorneys
Joseph Brien THE PEOPLE'S ADVOCATE

You may have a common law geographic trademark; however, you should file your state trademark and apply for your federal trademark. With a statutory trademark comes the rights to injunctive relief and attorneys fees. Additionally, the use of your name in adwords may be an Unfair Trade Practice under the Florida statutes.

I hope this was useful. You should seek competent counsel to advise you further. At least have an attorney send a cease and desist letter. Having a registered trademark, State and/or Federal, will improve the strength and threat of the letter.

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Answered on 6/17/15, 5:53 pm


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