Is this company for real?! Need legal aide

[thecandlespastore]

Today I got some cracked out email from a lawyer representing some company name Ziaja Mark, claiming that I was infringing on their trademarked name by having my company named ZAJA Natural. Are they serious!?That is the silliest thing I have ever heard.

My company name was created after my husband and I sat down and thought about what to call the company. We settled on taking the first two letters of each of our names Zaidat and Jamin (which is also my son's name) and came up with ZAJA. At first it was going to be JAZA but I thought that looked like a rapper type of name. So ZAJA it was and ZAJA it has been for the past 4 years.

Now this company is trying to say that I stole their name! Ziaja and ZAJA are not the same name! I have never even heard of this Ziaja company. Supposedly they manufacture bath and body toiletries. They are saying that my website zajanatural.com and the name were stolen from ziaja.com. They also say that they do not want my website to be confused with theirs because I sell designer duplications and that I need to disclose all of my sources for all of my materials and ingredients to them in 5 days.

What the heck should I do? I have no desire to change my business name, it is near and dear to me and has a lot of meaning to me and my family. Should I get a lawyer? Does "ziaja" even have a leg to stand on?

[Di_in_AZ]

They are a Polish company that is now doing business in the US, been around since 1989.

http://ziajaskincare.com/about.htm

They were officially trademarked in the US July 30, 2002 but applied in September, 2000. You can read about their trademark at the patent and trademark office--TESS site. I don't know if they can go after a similar name. They are obviously trying. I would get a lawyer and respond as such. They are a big company so they do have the money to back their letter.

I don't think they have the right to demand your ingredients and suppliers list, the trademark covers the use of the NAME. I don't see how they can legally ask you that, but I may be wrong here so I would definitely get an attorney.

Did you register your name with the US Patent and Trademark office or your state secretary?

Edit, the trademark is for the name and logo--and copies close enough to cause confusion. If you had the name before they did, I think it bolsters it--if it was registered somewhere.

[debscent]

I would not consider an email legal notification of any intended cease & desist. But that's just me.

[Flicker]

Today I got some cracked out email from a lawyer representing some company name Ziaja Mark, claiming that I was infringing on their trademarked name by having my company named ZAJA Natural. Are they serious!?That is the silliest thing I have ever heard.

My company name was created after my husband and I sat down and thought about what to call the company. We settled on taking the first two letters of each of our names Zaidat and Jamin (which is also my son;s name) and came up with ZAJA. At first it was going to be JAZA but I thought that looked like a rapper type of name. So ZAJA it was and ZAJA it has been for the past 4 years.

Now this company is trying to say that I stole there name! Ziaja and ZAJA are not the same name! I have never even heard of this Ziaja company. Supposedly they manufacture bath and body toiletries. They are saying that my website zajanatural.com and the name were stolen from ziaja.com. They also say that they do not want my website to be confused with theirs because I sell designer duplications and that I need to disclose all of my sources for all of my materials and ingredients to them in 5 days.

What the heck should I do? I have no desire to change my business name, it is near and dear to me and has a lot of meaning to me and my family. Should I get a lawyer? Does "ziaja" even have a leg to stand on?

I feel for ya. I honestly don't think they have much a leg to stand on. Your name is original and you can also show how you came up with it. They can cease and desist you, however they cannot demand your supply sources etc.

Now this is my honest and personal opinion. I would not change a thing and I would politely respond to the email stating that you will not be changing your name. You did not copy their name and sorry, but if you choose to continue this battle see ya in court...of course with more tact than that. LOL

They do however own a legal trademark on their name. If they do choose to pursue it in court, the legal bills and travel expenses could kill you financially. That is the bummer part of it. But you are ZAJA Naturals. They are Ziaja Mark. That is not even close IMHO. Now on the other hand, I owned the tm Lake Superior Scents, Candles & More., a local chose to call their candle business Lake Superior Candles. I did fight them and I won...so I won't say it can't happen. But those names are far closer than yours and theirs.

I honestly would call a patent/trade attorney in FL and see what they have to say. Since I am not a lawyer I really cannot give legal advice but I can give heart to heart advice which I have

here is a copy of the TESS info on their trademark.

Word Mark ZIAJA Goods and Services IC 003. US 001 004 006 050 051 052. G & S: HAIR CARE PREPARATIONS; HAIR SHAMPOOS, HAIR SHAMPOO WITH CONDITIONERS, BABY SHAMPOO; HAIR GEL, HAIR LOTIONS, HAIR POMADES, HAIR SPRAYS, HAIR CONDITIONERS; STYLING GELS, STYLING LOTIONS; HAIR DYES; COSMETIC PRODUCTS FOR THE CARE OF THE SKIN, NAMELY, SKIN CREAMS, FACE CREAMS, LIP BALMS, SHAVING BALM, SKIN CLEANSER, FACIAL CLEANSER, TONIC LOTIONS, FACIAL MASK, BEAUTY MASK, FACIAL MOISTURIZER MASKS, BATH OIL, PERFUME OIL, BATH MILKS, HAIR GELS, BABY POWDER, BATH POWDER, BODY POWDER, BATH SOAP, TOILET SOAP, HAIR SPRAY, NON-MEDICATED FOOT POWDER, NON-MEDICATED FOOT CARE BALMS, FOOT DEODORANT SPRAY; EYE CREAM, EYE GELS; EYE MAKE UP REMOVER; FACE CREAMS; FACE POWDER; FACIAL EMULSIONS, FACIAL MASK, FACIAL SCRUBS; HAND CREAMS, HAND BALMS; BABY CREAMS; PEELABLE SKIN MASKS; SKIN CREAM FOR THE CARE OF INFANTS; CLEANING PREPARATIONS, NAMELY, BATH FOAM, SHOWER GELS, TOILET SOAPS, BODY SOAPS, LIQUID BODY SOAPS, DEODORANT SOAPS, DISINFECTANT SOAPS, DEODORANTS FOR PERSONAL USE; ESSENTIAL OILS FOR PERSONAL USE, BABY OIL, BATH OIL, MASSAGE OIL; PERFUME; EAU DE PERFUME; COLOGNE; TOILET WATER; DENTIFRICES; TOOTH GEL, TOOTH PASTE, MOUTH WASH; PRE-MOISTENED COSMETIC WIPES; PRE-MOISTENED COSMETIC TOWELETTES; PRE-MOISTENED COSMETIC TISSUES; AND PERSONAL DEODORANT SPRAY. FIRST USE: 19910000. FIRST USE IN COMMERCE: 19940000IC 005. US 006 018 044 046 051 052. G & S: MEDICATED CREAM FOR THE PREVENTION AND TREATMENT OF DIAPER RASH; FEMININE HYGIENE WASHES; MEDICATED HAIR CARE PREPARATIONS, NAMELY MEDICATED SHAMPOOS, DANDRUFF SHAMPOOS, CONDITIONERS, LOTIONS; MEDICATED SKIN CARE PREPARATIONS, NAMELY CREAMS, BALMS, CLEANSERS, TONIC LOTIONS, MASKS, MILKS, GELS, POWDERS, SOAPS; SANITARY PRODUCTS, NAMELY, MEDICATED FEMININE HYGIENE CLEANSING SPRAYS; MEDICATED DENTIFRICES, NAMELY, TOOTH GEL, TOOTH PASTE, MOUTH WASH; MEDICATED FUNGICIDAL AND BACTERICIDAL PREPARATIONS FOR THE FEET, NAMELY, FOOT BALMS, FOOT POWDERS, FOOT SPRAYS, FOOT LOTIONS, MEDICATED PRE-MOISTENED WIPES, MEDICATED PRE-MOISTENED TOWELETTES; MEDICATED PRE-MOISTENED TISSUES. FIRST USE: 19910000. FIRST USE IN COMMERCE: 19940000

Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Search Code 26.03.08 - Letters, numerals or punctuation forming the perimeter of an oval or bordering the perimeter of an oval; Ovals having letters or numerals as a border; Ovals having punctuation as a border Serial Number 76132833 Filing Date September 5, 2000 Current Filing Basis 1A;44E Original Filing Basis 1A;44E Published for Opposition July 30, 2002 Registration Number 2638342 Registration Date October 22, 2002 Owner (REGISTRANT) ZIAJA Ltd. Zaklad Produkcji Lekow Spolka z o.o. CORPORATION POLAND ul. Jesienna 9 Gdansk POLAND 80-298 Attorney of Record Horst M. Kasper Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE

[thecandlespastore]

No, Di, I did not. I formed an LLC on my company in 2004, and registered here as a business. I just printed the forms to do both.

Thanks Flicker. They included all that in the pdf they sent me. This was definitely not something I imagined opening my email and reading this afternoon. I also think that sending it via email seems kind of odd.

[Di_in_AZ]

I would not consider an email legal notification of any intended cease & desist. But that's just me.

Bingo--email is NOT legal notification anywhere. That I do know. I would not even lower myself to respond. If they are serious, they will follow with a letter, I find it hard to believe a large company would be stupid enough to send cease and desist via email. Nice catch Deb, I did not see that part. If they send a letter down the road, then concern yourself but I still think the part about sending all your ingredients and suppliers is very fishy, they dont' have a patent on your items, they are claiming a trademark on a name--two different things.

[thecandlespastore]

Thank you so much, I don't know what I would do without this board. I did respond to the email and told them how my name came about, and pointed out that my name and theirs are not even similar.

I am so happy you two pointed out the email aspect. If it had came via certified mail, then my guns would be up, locked and loaded.

[Flicker]

sadly a C&D can be sent via email and it is legal. I think it is rude and tacky but it is still a legal form of correspondence. I would personally call my attorney, then email them back and tell them they can contact my attorney with any future questions regarding my company. Don't stress it though, I've gotten a C&D one time...the funny part is they wanted me to change something on my website I had not had in two years. LOL I had a soy lotion name they thought was a tm infringement. It was a totally different name which I thought was amusing. I just told them nicely to bite me.

[thecandlespastore]

Can I email the letter I got from them to the two of you? I just want to make sure I read it all correctly too.

[Flicker]

Anytime! I just hate to see a fellow crafter HONESTLY trying to earn a few bucks in these shoes My email is jen4_02@yahoo.com I will be leaving shortly but can look it over tonite and email ya back.

[kforbs126]

What part of Ohio are you in? My mom may be able to help you out.

[HeavenScentU]

I wish I could help you, but I hope they can't do anything legally. I really like your business name. It looks and sounds very professional and upscale.

[Di_in_AZ]

Email is NOT legally binding. There is no way to guarantee delivery. It will not stand up in court to say that you emailed notice. If this were the case, I am sure the courts would be emailing people court subpoenas left and right and save the money the pay to have people served.

[debscent]

PM'd ya.

[soapmom25]

wouldn't they be able to "prove" she received the email simply by showing she responded??? She said she emailed them back ....

I would have to read over the details again, but in my humble opinion I *DO* think the names are close, especially if both companies are selling B&B products. I realize the 2nd word of the company names are entirely different, but I'm not sure if that would hold up.

As others have mentioned though ... I would think if they're serious, they would send formal notice, so watch out ... it could be coming ~ especially now that they know you're still in business since you replied to the email.

[thecandlespastore]

What part of Ohio are you in? My mom may be able to help you out.

I am in Cleveland. Thanks!

[Di_in_AZ]

In the state of Ohio, something under the "civil rules of procedure" the only way for someone to serve notice from out-of-state would be by certified mail or in person (or a representative such as a process server).

If they are serious, I would imagine they would follow procedure. I think they are just using scare tactics, I have never seen a lawyer serve notice via email. I think you hit the nail on the head, they may be fishing or seeing what the response would be. I am sure they scare off some people just by sending an email.

[debscent]

I emailed you back.

[SliverOfWax]

Pardon my usual confusion, but in a couple of places you state you got an email. Then in a subsequent post, you call it a letter. Which was it? And if it was a letter, how was it sent? First class, certified, registered, signature required?

I think the names are very similar. Add to that the fact that both companies are body care products, I'm thinking you're pretty much screwed. I don't know how you could have protected yourself. A search for a trademarked name using a zillion different spellings could take a lifetime and still yield no results. It sounds like one of those horribly unfortunate things that could happen to anyone. It's not quite the same as changing the name of "tarts" on your website because you got a C&D from Yank.

Good luck in choosing a new business name. My opinion is you might as well start now and get it over with.

www.StuffSunshineLikes.com

[so-soy]

You really should get an attorney on this one! They are going to be your best bet for advice on what to do next! If you hear from this company again do not speak to them or answer anymore emails until you have spoken to an attorney. Good luck!

[thecandlespastore]

Pardon my usual confusion, but in a couple of places you state you got an email. Then in a subsequent post, you call it a letter. Which was it? And if it was a letter, how was it sent? First class, certified, registered, signature required?

I think the names are very similar. Add to that the fact that both companies are body care products, I'm thinking you're pretty much screwed. I don't know how you could have protected yourself. A search for a trademarked name using a zillion different spellings could take a lifetime and still yield no results. It sounds like one of those horribly unfortunate things that could happen to anyone. It's not quite the same as changing the name of "tarts" on your website because you got a C&D from Yank.

Good luck in choosing a new business name. My opinion is you might as well start now and get it over with.

www.StuffSunshineLikes.com

It was a pdf sent via email.

[VerticallyEnhanced]

When I read your first post, all I could think about was the news story I saw about a coffee shop which was called something *similar* to Starbucks. When I say similar, it was a stretch! Starbucks went after was the owners last name, and he had been in business for yearrrrrrrs, way before Starbucks hit the market. I am not sure of his last name, but it was something that contained part of the Starbucks name, but again, not anything like it. Maybe something like Starman's coffee or Rosebuck's Coffee. Anyway, Starbucks sued and freaking won.

I agree with getting an attorney. I would not communicated with them at all until I do so, and I would send all communication via certified mail. Just my opinion...

[LaVida]

No!! Honestly you should ASK an attorney, don't hire one. First this company does NOT carry the same name that you do. What I would do QUICKLY is get on the uspto website and start on that registration form.. I mean QUICKLY! Trademark your name. If it doesn't stick you're assigned attorney (through the US Patent and Trademark office) WILL let you know... Don't give up.. stick w/ your name! do the registration ASAP though. You probably shouldn't have responded to their e-mail.. It probably would have been better off contacting the USPTO direct to ask questions or a lawyer friend. By you contacting them it gives this company a heads up to register the name and steal it right from under your feet. Pray that it hasn't... Kick out that $300 plus .. it's so worth it.

I almost had an issue w/ my name LaVida Given by Nature... this other company was very similar but thank God it was Dead.

I just got an e-mail about one of the products I carry.. it has the same name as a company line. Fortunately for me this company only appears to be registered in their state and not on the federal level. It's not a HUGE problem for me to change the name.. but I don't feel like it - it's a pain! .. besides, why should I because they didn't do thier research? They had the audacity to tell me that they have a "monoi" product. Doesn't everyone? Can't TM something that already is trademarked.... It's incorrectly labeled on their product anyway. It doesn't have Monoi de Tahiti .. it just says "Monoi....."

[LaVida]

I see that's it's been a minute or 2... what was the outcome?