> I think that he cannot use the name WARP13a given that it has been > associated with NEWFOUND ELECTRONICS since 1999. Right? Get your ducks in a row Jim. Time is important. Gather any proof you have that you have advertised WARP13 as "Newfound Electronics" at least once in every year since 1999 (you don't need proof every year, but it closes the door on constructive abandonment of a common law trademark). If you have proof of sales (VISA charge slips or invoices *and* a corresponding deposit) get your earliest one and add to it one example from each other State (I'm thinking in terms of US law here) you've sold in over the years. Assemble any proof you have of what the other guy is doing. I said "proof." That means a copy of their advertisement or any representation that can unequivocally be traced back to the other guy. Buy one from the guy if you have to, in order to get a receipt and a written statement that this is the authentic WARP13 on their letterhead. Be very critical of your evidence. Can it be traced back to the other guy or could it be a fraud/forgery? Does it show that the other guy *intended* to usurp your trademark, or could it be a screw-up? Look at your evidence in the light most favorable to the other guy -- this is very important. Assemble this information neatly and make two clean, clear copies of it. This is your evidence kit. Plan on leaving the *copies* with a lawyer. Go to Martindale Hubble in your library or at http://www.martindale.com/xp/Martindale/home.xml and checkout "intellectual property" lawyers. Find one you like and if you have the time call your State Bar Association to see if there any blemishes on your selection's record. Many State Bar Associations have IP sub chapters, consider calling a luminary there and asking for a referral -- they know who's good and who ain't. Now, run, don't walk, to that lawyer's office with your evidence kit. Typically the first consultation is free. Be prepared to tell the lawyer *exactly* what you want him to accomplish (like: "Get an agreement from the other guy, or a court order, that stops him from mentioning 'NEWFOUND ELECTRONICS' or 'WARP13'"). The lawyers, if they are any good, will have to run a conflict check on you before offering to take your case. In every state of the Union an ethical lawyer *cannot* accept a client who's best interest might conflict with another client (there are exceptions, naturally, but they are exceedingly rare). It usually takes a few days for a heavy hitting lawyer in a large firm to get back to you and accept, reject or refer your case. Lawyers without much work (experience?) get back immediately. Odds are the first thing the lawyer will do is write what we call "the nasty letter." This letter threatens litigation most foul and puts the other guy on notice that you've got him in the cross hairs and he doesn't stand a chance. Sometimes it will offer a settlement to be accepted in X days or forever taken off the table. Even if that's all you can afford by all means get that letter sent. The more prestigious the law firm the better. The big firms have a way of intimidating because if you had the money they could steamroll just about anyone (like IBM and Microsoft steamrolled the Justice Department) -- and remember, the other guy has no clue about what you or your rich uncle can afford. Most of the time people know they were doing something wrong, or if they didn't know they're appalled, and the letter puts an end to the matter. You may not get a formal judgment or agreement, but as likely as not the other guy doesn't have the stomach to fight a competent experienced attorney with a specialized practice (that's why you want an IP lawyer who knows how to scare the pants off a general practitioner who might be smart but isn't all that comfortable in the Byzantine depths of IP law). All this is offered by way of friendly commentary and *may contain errors;* under no circumstances should it be construed as legal advice. For legal advice consult an attorney licensed to practice in your jurisdiction. Aza D. Oberman -- http://www.piclist.com PIC/SX FAQ & list archive View/change your membership options at http://mailman.mit.edu/mailman/listinfo/piclist