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Permalink Reply by Angie Atchley on September 24, 2010 at 8:21pm

I don't know that they can do much about a similar name. You would have to have an exact name for it to be violating a trademark.
I do know for a fact that attys send threatening letters hoping it scares you, even if they are not correct.

You have a lot of followers and have been doing this for 3 years. I'd personally call their bluff. If they still pursue it enough to go to court, I might back down, but I doubt they will. You would have to really be cutting into the other sites profits for that, and if you can't afford an atty, I doubt you are doing much to their sales.

Good luck!
Angie
www.vivobello.com

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Permalink Reply by Petula Wright on September 24, 2010 at 8:58pm

Yes, I think we should. I am a journalist by trade so I understand the entire trademark law. Since companies have paid money to trademark their names or whatever then, like any law, we should follow them as any writers do. I did a search on my blog name before I started it. Unfortunately, I didn't TM and another organization uses the name and is very popular. There was another blogger who had the same name as mine, but she did the research and found that I was on the scene first and graciously changed her name.

I'm not familiar with your story yet (I'm going to have to click through)... I'm sorry you have to go through this. Hopefully there is some type of middle ground you can come to with the company or something, but - unfortunately - I would side with them. I guess I would say think of it like this: If it were your name or product that was R, TM or C, how would you react/feel/etc.?

And, on another note, if this happened to me I would be so upset, devastated, disappointed and discouraged, and I totally understand if you decide to fight it.

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Permalink Reply by Tara V. on September 24, 2010 at 9:18pm

I would fight it. 1st of all, people get attorneys to send letters all the time. I would not say you are in violation. While maybe smilar, nothing to do with pregnancy. So your in a different niche and it can not be proven people will mistake you for her. The amount of searches for the term healthy moms is pretty high, which is why you are being targeted.

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Permalink Reply by Anne-Marie Nichols on September 24, 2010 at 11:17pm

Cascia, I'm sorry this is happening at such a stressful time in your life.

I assume that you have consulted a trademark lawyer who told you that you are indeed in violation or have a good chance in losing this fight. If you have not, I suggest you do. Most lawyers will give free consultations along with a little advice up front.

Whatever the case, I'm glad that you are sharing this with the blogging community. I'm in the process of trademarking my blog more to protect myself than to go after others in the same niche.

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Permalink Reply by Midnite00 on September 25, 2010 at 2:23am

Wait she trademarked Healthy Moms? A phase? a everyday phase? Didn't think you could do that!
Yea I used to call my blog Shades of Green and found one named that one night reading blogs on line. It wasn't the web site name just the column. But I changed it to Turning Shades of Green... just cause I thought that d@mn it I thought I had a pretty cool different that all the norm name..... So guess I didn't mind tweaking my site...
But if you google it you get my facebook site and the blog Right under Walt Disney world resort... LOL

Her Healthy Moms with people making the M's I would think can be trademarked but the phase??? Think she is mad she didn't get the thehealthymoms.net.... but why would have to change your site completely??? Cause it isn't the same... PLUS it took them 3 years to find you to threaten you....

I would find a legal site that you can post this mess to and hope someone can help you -lawyers are expensive

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Permalink Reply by Cascia on September 25, 2010 at 10:42am

Thanks for all of your comments and support on this. I have talked to a lawyer, but I will not disclose what he said to me. We'll see how this all turns out in the end!

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Permalink Reply by Cascia on September 25, 2010 at 1:46pm

Thank you again for all of your comments and support on this. There are more comments in my article The Trademark Debate Continues: A Battle Between Two Organizations

If you believe that I stand a chance in this I really could use your help. Details on how you can help me out are found in the comments of my article.

Thank you so much!

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Permalink Reply by Cascia on September 26, 2010 at 9:53am

Thank you for all of your comments and support on this. I decided to go ahead and make some changes. I am looking for someone who is willing to help me design a new logo, header and buttons. If any of you are interested please let me know.

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