Legal Question in Business Law in New Jersey

Youtube is being willfully blind to a 3rd party ilegally using my registered brandname online. What are my options?

The USPTO has given the XAXIOUS trademark serial number of 85027384. The current federal status of this trademark filing is REGISTERED. It's international class code is;"042". A third party has created an account on Youtube and is displaying gang video and mention my brand name. Also my business hosts the XAXIOUS ARCADE. We have many games from all over. This person reference the xaxios arcade specifically and claims it to be his. No one else can use this trademark yet Youtube keeps telling that they are not responsible. I am not stating that they are to blame but in th elast 14 years in business any other HOST took down illegal content. Why won�t Youtube?


Asked on 5/12/12, 6:28 pm

1 Answer from Attorneys
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Generally speaking, having a trademark does not exclude another from registering the same mark, if it is in a different class, or from using the same mark if there is no likelihood of confusion in the marketplace.

With that said, you haven't detailed how you have contacted Google and what was the content of your request to remove the account.

Cease and Desist letters should be written by a lawyer so that the proper procedure is used and legal arguments are made. Feel free to contact my office at your earliest convenience to further address this matter.


Roman R. Fichman, Esq.

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Answered on 5/12/12, 9:38 pm


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