Trademark Question

[materialpleasures]

Hello,
I have a business, Material Pleasures, LLC. I have been Material Pleasures as a legally registered business since 2002, and restructured to an LLC this year.

I have worked extemely hard at building up my business name and reputation.
I sell antique quilts, lace, linens...antique textiles in general.

My question is...what rights to I have to the name? With all these new online storefronts and auction sites popping up...what kind of legal rights to have when one opens a storefront Material Pleasures?

Do I have to go into every auction site, and join, and register the name?

I own the domain www.materialpleasures.com.

There is now a Material Pleasures storefront on ebay, and also on an Australian auction site...otzion or something.

I don't have Material Pleasures as a formally registered trademark...but am under the impression I don't have to in order to claim rights as long as I have been using the trademark.

How do I go about protecting my name?


Thanks,
Dana Balsamo
Material Pleasures, LLC
_________________
Material Pleasures, LLC




A large selection of affordable vintage textiles and related items.
www.materialpleasures.com

[tabberone]

You have to trademark a name to protect it and your name is a generic name - like Shabby Chic.

Now you could get a trademark on something like Susan's Material Pleasures.

Are these people selling the same merchandise as yours?

[materialpleasures]

Tabberone,

Thanks for your reply. They sell new quilt fabric.
As it is, I am always getting mistaken for Material Pleasure in CA...she is a quilt shop. This month, at a quilt show, a lady starting scolding me for not replying to her email about a fabric she was looking for...I asked her for details, and we came to the conclusion, it wasn't me...but the quilt shop.
This is why I am getting concerned.

Thanks, I think I may have to just register the name.

My best,
Dana
_________________
Material Pleasures, LLC




A large selection of affordable vintage textiles and related items.
www.materialpleasures.com

[tabberone]

However if you want to do anything about these other people since you are an LLC you will need a lawyer.

I would check with one before registering a name.

Look at my website - AOL lost a case over You've Got Mail and Buddy List even though the 1st was trademarked.

It was deemed a generic phrase/term and they couldn't protect it in court.

[Empires]

Sometimes, it's not worth the chase either. You can Service Mark your name, create a logo for shipping purposes, brand your items etc. But, then it becomes an enforcement issue and cost of the chase. State by State is different as well in some cases.

Just become a stronger seller and do the right thing like your search engines etc. to get higher ranks so your name comes up the most.

Library Of Congress diluted the ® so much that it's a legal mess. Online etc. Just be stronger and smarter. And when you're a millionaire worry about it.