LadyKathleen
New Member
Here is the Background Using Fake Names for Companies but using xyz as the part in question:
Company A: 123 by xyz (in business over 20 years).
Company B: xyz 99 (new in business).
Company C: abc (competitor of A and B)
Both in the same line of work and both are in the same town.
Trademark xyz is listed as Dead at uspto.gov for over 4 years.
Company A bought a franchise from xyz over 20 years ago.
Franchiser xyz no longer in business.
Company A is in the process or has sold thier company to Company C.
Both Companies contract/paid to have websites built by the website company. The only thing that is the same on both websites is the XYZ and the type of business. The Website Company before building the 2nd Company website did check for trademark and found XYZ trademark name to be dead.
Company A gets mad at Company B for many reasons, one being the use of name XYZ. Company A files a "Application for Temporary Restraining Order and Injunction" on Company B.
Company B has not been served yet with anything. (accourding to Company B)
Company A faxes the Website Company the filed Application and calls telling the Website Company to take Company B's website down or they will be in contempt of court.
Now for the questions:
What are the legal liabilities for the Website Company if they take down Company B's Website or don't take down Company B's Website?
Note: It is already understood that the Website Company runs the risk of making either side mad not matter which action is taken, and understands if the papers faxed had been a court order signed by a Judge then they would have to comply with what was on the court order.
At this point the Website Company is not named in any of the paperwork, but would like some sound advise on what thier liabilities are or might be.
Thank you in advance for any help in this matter!
Company A: 123 by xyz (in business over 20 years).
Company B: xyz 99 (new in business).
Company C: abc (competitor of A and B)
Both in the same line of work and both are in the same town.
Trademark xyz is listed as Dead at uspto.gov for over 4 years.
Company A bought a franchise from xyz over 20 years ago.
Franchiser xyz no longer in business.
Company A is in the process or has sold thier company to Company C.
Both Companies contract/paid to have websites built by the website company. The only thing that is the same on both websites is the XYZ and the type of business. The Website Company before building the 2nd Company website did check for trademark and found XYZ trademark name to be dead.
Company A gets mad at Company B for many reasons, one being the use of name XYZ. Company A files a "Application for Temporary Restraining Order and Injunction" on Company B.
Company B has not been served yet with anything. (accourding to Company B)
Company A faxes the Website Company the filed Application and calls telling the Website Company to take Company B's website down or they will be in contempt of court.
Now for the questions:
What are the legal liabilities for the Website Company if they take down Company B's Website or don't take down Company B's Website?
Note: It is already understood that the Website Company runs the risk of making either side mad not matter which action is taken, and understands if the papers faxed had been a court order signed by a Judge then they would have to comply with what was on the court order.
At this point the Website Company is not named in any of the paperwork, but would like some sound advise on what thier liabilities are or might be.
Thank you in advance for any help in this matter!
