internet international trademark liability
Same name in social networks, same product, different country, changed it as soon as it came to my knowledge, untangible goods
<p>I started a business reading tarot online, using a Facebook and Instagram page. My attempt was to do this bilingually. At the time I started it I didn't know there was another woman in another country who was doing exactly the same, with the same name. Different logo, but same name.
She messaged me on Instagram to tell me about this and as soon as I saw her message, I changed everything: Name and logo. Her tone was a bit threatening, so I went along to search for her but although I found different trademarks with the same name along different industries, none of them had anything to do with tarot. Her website does have the same name though and I read on another post that even if it isn't registered, the name might still be legally &quot;protected&quot; because of the reputation it has gained. She has more than 18000 followers, I have around 200. I'm afraid even after I changed everything, she might want to take legal action (accross countries, I think she is in the US, I'm in Mexico, if that is possible) and I may need to compensate for some of the small profit I've gotten since I started it (not more than 200 dollars in no less than 6 months). I told her of course about this difference in countries and that it hadn't been an intentional copy (she suggested &quot;it had been quite clearly a copy&quot; in her message), that the change was being processed and then as soon as it got processed I let her know. Should I worry about any legal action she might want to take? What should I do?</p>
<p>Thank you for reading.</p>

<h2>Don’t worry about bad stuff until it happens</h2>
<p>Not just in law - that’s not bad life advice.</p>
<p>It’s possible that you breached her common law trademark in the US. As soon as you were made aware of that, you stopped. There is nothing more you could have done or can do now so don’t worry about it.</p>
<p>It’s extremely unlikely that the trademark owner will seek compensation as it simply isn’t worth it. However, a trademarke owner <strong>has to</strong> protect their trademark or they risk losing it - this is probably why you got the cease and desist letter. In all probability it ends here.</p>
<p>If it does go further then, then you can worry.</p>
