# Someone stole my clothing line's name what can i do?



## ochoa_dean (Jul 30, 2009)

So back in 2008, me and a buddy started a clothing line. Lets just say the clothing line was called "GunnS clothing", so we printed about 3 designs, we were on hundreds of club flyers where we did our clothing booth's, if you google search our name all of our stuff comes up on blog sites and pictures everything! we have had our myspace since 2008! There was a lot of people who knew about us. 

Due to conflict between me and my partner the clothing line was dropped and never did anything with it for 2 years. 

But now i found a clothing line called "GUNN CLOTHING" its basically the same name just without the "S" 

The problem is i never got my name trademarked, but i did have the copywrite symbol on all my designs.

Since this clothing line has no creative skill whatsoever, i am not worried as far as competition.

But if i get my name trademarked is there anyway for them to sue me?


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## kimura-mma (Jul 26, 2008)

If you used the name first, you would have the upper hand in claiming the legal rights to the trademark.


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## J Alexander (Apr 12, 2011)

Little confused, if they're "GUNN" and you're "GUNNS" what did they steal? And, what would they sue you for? The idea/concept? Not trying to sound sarcastic....but I think you're worrying over spilled milk here


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## ochoa_dean (Jul 30, 2009)

Well the real reason i asked is because one of my buddies who works in the death care industry had told me that the morgue he works for got sued by another morgue who had SIMILAR names.

His company was forced to change the name of their company because both companies were in the same industry and had to similar of names.

So im worried this could be the same case...


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## kimura-mma (Jul 26, 2008)

Yes, the same thing could happen. But you used the name first. Do you have any proof or documentation of when you started using the name in commerce? If so, hold onto it in case you ever need it.


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## ochoa_dean (Jul 30, 2009)

Like i said i never legally trademarked the name. But i plan do this ASAP

Im pretty sure they did, but i've had mine since 2008, as far as documentation i'm not sure i have anything solid that would hold up in court. 

All i have to prove that the clothing line is mine is anything that pops up on google, myspace, blogs that wrote about us, lots of pictures and flyers with our names on it


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## kimura-mma (Jul 26, 2008)

It doesn't matter that you didn't trademark it. Use in commerce will be the major factor. If they have a registered trademark, that could be an issue since the marks are not identical. They could actually oppose your trademark registration. So be careful before you submit your application, because it's not refundable. You may want to consult an IP attorney before doing anything.


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## PositiveDave (Dec 1, 2008)

How much are you willing to spend to protect this name?
How much do you think the name is worth?
What are the chances that you will win?
You need to work out why you need to do this and how much it's going to cost you.


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## bomber315 (Jun 18, 2010)

yeah come up with a different name... its not worth the fight.... people care about the product you put out not the name... are you even a registered business in your state?


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## michellefanfan (Oct 26, 2009)

I totally agree with bomber, get another brand name and focus on products that is the key to success as far as i think. 
-Bill


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## binki (Jul 16, 2006)

u r skating on thin ice. you have a common law tm but if you have not used it in 3 years you are out of luck entirely and even if you have you are out of luck outside of your local area and at best your state. 

you can send a c/d with a demand letter and be prepared to go to court but copyright is not the right type of protection for a mark. 

your best bet would be to immediately file for a registered tm with your original inception date. 

on top of that you need to start selling under your brand. you cannot warehouse trademarks. if you don't use it in 3 years, it is dead and anyone can claim it. 

good luck.


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