A client asked us to identify six businesses that appeared to be infringing on their trademark. We established that four of the businesses were defunct, but two were still operating. We then found that operations of these companies had begun after our client’s mark had been registered and first used. The client was able to send cease-and-desist letters and successfully negotiated with the two infringers.

Our bill was $3,400.

We got this done using a combination of public records searches and telephone inquiries. Business registration records showed that one of the operators had clearly begun after our client did. The other one was less clearcut, so we called them and inquired about their services. Once we got chatting with the owner, we found out that even though the name had been registered around the time our client’s was, the company had not truly started engaging in commerce until several years later.

The key was to get the owner at his ease. We never used a false identity and were fully comfortable in offering – had it become necessary – to swear in an affidavit as to our activities and what owner had told us.