Legal Question in Intellectual Property in Florida

Registered Trademark Infringement or not?

We registered as a trademark an ecommerce shopping cart application that we have sold on the internet since 4-20-1999. Our Trademark was officially registered with the USPTO 9-24-02. I will refer to our shopping cart application as ''as_mycart'' and the alleged infringing shopping cart application as ''mycart''. Our shopping cart is named with the underscore as shown and with the 2 letters also as shown. The ''mycart'' part of our registered trademark is identical to what our competitor(s) have named their shopping cart application.

In the past 6 months our company has received 2 telephone calls asking for support for ''mycart''. The two people that called were not our customers but apparently customers of our competitor(s) using the name ''mycart''. Our customers also refer to our shopping cart as ''mycart'' as an abbreviation of ''as_mycart''. After doing a search engine search for ''mycart'', we have discovered numerous search results with ''mycart'' that seem to refer to more than ''mycart''. One of the ''mycart's'' has TM next to the name.

Are they infringing on my trademark or are they allowed to sell the same ecommerce product with only a slight difference in the name? I need help.


Asked on 4/01/05, 11:38 am

2 Answers from Attorneys

W.F. ''Casey' Ebsary Law Office of W.F. Casey Ebsary, Jr.

Re: Registered Trademark Infringement or not?

You appear to have an enforceable Mark, assuming there are no other defenses.

Please call me toll free 1-877-793-9290 to discuss how we can help.

W.F. Casey Ebsary, Jr.

Attorney and Counselor at Law

112 South Magnolia Avenue

Tampa, Florida 33606

813.222.2220 Voice

813.225.0202 Facsimile and Data

www.centrallaw.com

[email protected]

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Answered on 4/02/05, 1:09 am
Scott Behren Behren Law Firm

Re: Registered Trademark Infringement or not?

The stuff is too complicated to deal with by e-mail. Sounds like there could be a claim. Call me to discuss in more detail.

(954) 385-5433

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Answered on 4/01/05, 11:52 am


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