Help with copyright and registered trademark

by gmdoat. Posted on Sep 15, 2020    1    5

I received a text from the registered trademark and copyright owner of ToyzNTheHood (so he says). I own the LLC ToyzNtheHood here in Florida and website I'm in sales and they're a non-profit organization. He's asking me to change my moniker or he will file a cease and desist and take legal matters further. Any advice here would be appreciated


EasyMSP 1

Seems unlikely as I can’t find his org name with a google search. So not like there is confusion. I would still contact a lawyer and make sure.

  gmdoat 1

Thank you!

heavynewspaper 2

There’s no such thing as “filing” a cease and desist. It’s just a strongly worded letter telling you to knock it off and has no legal standing on its own. The only purpose is as evidence in a future lawsuit.

If someone is threatening to send you one odds are they don’t know what they’re talking about.

  gmdoat 1

Thank you!

chrisldavis 2

Yeah, the fact they threatened to "file" a cease and desist tells me they don't know what the heck they're talking about. Also, you can't copyright a name, only trademark it. Trademarks are easily searched.

Ask him to provide proof of trademark registration.