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tothrowaway | 2 years ago
Of course, someone will tell you talk to a lawyer. Getting legal advice from a member of the legal cartel is a crapshoot. There are so many terrible lawyers out there who won't hesitate to recommend legal action for every little thing even if it has zero chance of succeeding (I am currently on the other end of that). So proceed with caution. Do your own research on common law trademark rights before you talk to a lawyer. That will help you weed out the incompetent ones.
I would keep an eye out if they file a trademark application (check TESS periodically). You'll want to oppose it. That should "only" cost you a few thousand dollars.
paulddraper|2 years ago
But an inexpensive cease-and-desist can yield compliance or settlement.
You can try that first and reassess. There's a small but decent chance it will work.
phatskat|2 years ago
If the other entity doesn’t reply favorably then assess the cost/reward[1] of hiring a lawyer.
[1] and one thing I didn’t see on the post is how much this is impacting their business. If the PA one is localized and they don’t get a lot of use from that region, is it worth it to pursue? But if the poster is in PA as well, it could have a reasonable effect on them