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J. Nevin Shaffer, JR. J. Nevin Shaffer, JR.
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I think someone infringed upon or used my trademark. What should I do now?

You’d want to find out for sure and you proceed carefully because trademark rights begin by first use. So you want to make sure that you’re in the power position of being first to have used the trademark. If you send a cease and desist letter to somebody who, in fact, used the trademark before you did, you might have created a boomerang that hurts you more than them. So you wanna find out who has the power position and then you can notify them and say, particularly if you have a federally registered brand and they started using after you registered, that they have no rights and they need to stop right away.

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