How can anyone trademark a name that has been in existence for years and used by many people. I make Dammit Dolls, have since 2007 at least, there are patterns for them on the internet, and they were in existence for many years before I started making them, now someone has taken a trademark out on the name in 2011.
1 Answer from Attorneys
The third-party use you mention may have been so wide spread that the scope of protection for Dammit Dolls may be extremely narrow. You may wish to conduct an availability search to determine the strength of the mark. Please contact John Burton at (602) 617-8516 for further assistance.