Cattery name not available! What now!

uggh.... I did a search on my cattery name before I picked it and now that im trying to get it registerd with TICA it is already taken! I swear I think someone saw it on my website and took it! Anyhow, back to square one. Now I have to think of a new name and change everything. I guess i learned my lesson-don't publish the name on the web untill it's registered!

Originally Posted by bengalbabe

uggh.... I did a search on my cattery name before I picked it and now that im trying to get it registerd with TICA it is already taken! I swear I think someone saw it on my website and took it! Anyhow, back to square one. Now I have to think of a new name and change everything. I guess i learned my lesson-don't publish the name on the web untill it's registered!

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Oh how utterly frustrating! I know that when I registered my cattery name with CFA and then started advertising on places like Breedlist and The Pet Professor, it was only a short amount of time before some one breeding old-style Siamese like I do only located somewhere in the upper mid-west started calling her cattery "Old Style". She obviously cannot be registered with CFA as that, but certainly can be with the other registry associations so I can do absolutely NOTHING about it. I don't know from looking at her website which association she is registered with, but I felt a little strange seeing what I thought was MY cattery name on someone else's website. I have to say though that I would love to see her pedigrees - I am a Siamese history hound and if she has nice peds, I would love to work something out with her.

Good luck with your cattery name - I sincerely hope you get the one you like best.

~gf~

In doing lots of research about trademark infringement I am pretty sure that if you registered the name (with CFA) and used it and can prove that you did so before her you can force her to stop using your trademark name. A trademark does not have to be registerd with the US patent and trademark office to be protected, it only has to be used in business.
I did alot of research because of my cat furniture and all the trademark names I have. I have even registerd copyrights.
If I were you i'd look into it and maybe just write her an official letter and send it to her via registerd mail! If need be you can hire an attorney just to write you up an infringement letter to her and give her a warning which might move her to stop using your trademark name.
The only reason I can't pursue this is because I don't know that this person did not have/use the name before me. If I knew for sure i'd fight it! Especially if the person was selling the same type or close to the same type of product (or cats) as me.

Just another thought-if you were using the name first-why not register it with the us patent and trademark office? It is about $400.00 to do so but if you register it you can FORCE her to stop using the name or you can sue her. If she has to go to court and she can't prove that she had the name first she can be sued for trademark infringement and loss of income to you. I doubt that a name will be worth getting sued over she will probably give in with just a threat. I get a bug in my bonnet everytime I hear about someone stealing other peoples names/designs/ideas as it has happened to me so many times.

Originally Posted by gayef

Oh how utterly frustrating! I know that when I registered my cattery name with CFA and then started advertising on places like Breedlist and The Pet Professor, it was only a short amount of time before some one breeding old-style Siamese like I do only located somewhere in the upper mid-west started calling her cattery "Old Style". She obviously cannot be registered with CFA as that, but certainly can be with the other registry associations so I can do absolutely NOTHING about it. I don't know from looking at her website which association she is registered with, but I felt a little strange seeing what I thought was MY cattery name on someone else's website. I have to say though that I would love to see her pedigrees - I am a Siamese history hound and if she has nice peds, I would love to work something out with her.

Good luck with your cattery name - I sincerely hope you get the one you like best.

~gf~

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Look into copyright. As soon as you copyright something, SIMPLY by using it by creating it, you have fair use of it and if you did it first your in the right. Often times just letting the other person know they are violating your copyright that was established before they did, and that you are also registered is enough to get them to do a name change. You can also offer to link to them if there is any confusion and ask the same in return.. to try to get them not to realize they have to give up something.. (which they really dont desrve anyways since you were first!).

Redirect them, toss something furry in front of them when you let them know they have to change their name..

Originally Posted by Cirque

Look into copyright. As soon as you copyright something, SIMPLY by using it by creating it, you have fair use of it and if you did it first your in the right. Often times just letting the other person know they are violating your copyright that was established before they did, and that you are also registered is enough to get them to do a name change. You can also offer to link to them if there is any confusion and ask the same in return.. to try to get them not to realize they have to give up something.. (which they really dont desrve anyways since you were first!).

Redirect them, toss something furry in front of them when you let them know they have to change their name..

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Your thinking along the right lines but you can't copyright a trademark name you have to trademark it-and yes your right it does not need to be registerd to be protected but it helps. (see my previous posts).