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What should we do if another EB-5 regional center is using the same abbreviation as ours?

We are an established EB-5 regional center with a great reputation in the marketplace, but there is another regional center with the same abbreviation as ours that seems to have a questionable reputation. Our company logo, initials and abbreviations are trademarked. Some investors who heard about us have mistakenly gone to the other regional center. On many occasions, clients who are not satisfied with their services are spreading information that significantly damage our reputation. We have issued a cease and desist letter but received no reply. They are severely impacting our business. Could you please advise as to what options we have to protect our brand?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If this is a case, your lawyer should be able to enforce the cease-and-desist demand in court.

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    Charles Foster

    Immigration Attorney
    Answered on

    With respect to the fact that another regional center is using your abbreviation of their name, which can cause confusion in the marketplace with your regional center and your initials are trademarked, this involves an area of law outside of immigration law. I would go to a large firm with an intellectual property section and ask if they could undertake the protection of your trademark by first advising the other regional center that they're in violation of your trademark. If they fail to respond to your cease and desist letter, you have no choice, on the advice of counsel, to file a lawsuit to enjoin such action.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Although this is an intellectual property legal issue, with the cease and desist notice not achieving any change, you should seriously take the ultimate step: file a lawsuit. It appears that a reputation crisis is brewing for your business and you should nip it in the bud before it gets out of hand.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If cease and desist letter did not work, hire a litigator counsel to assist you further with this matter.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    The fact that you have sent them a cease and desist letter was clearly the right thing to do. Now, you need to hire an IP (intellectual property) attorney to warn them and clearly explain to them that if they continue on with their ill behavior, they will face very serious consequences. Usually, when this happens, the IP attorney is able to scare them off and most likely they will stop. If they do not, you will be justified to take legal action.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You need counsel other than immigration counsel.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Cease and desist letter is a good place to start. Get an attorney ASAP.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Sounds like you need an intellectual property litigator. I suppose you can also notify USCIS, since they do somewhat regulate the naming of regional centers, but this seems more of an intellectual property matter than anything else.

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