[M.D. Holloway]

Worst case you get a "Cease and Desist" letter. I don't think they will go after small time.

From my experience in going after those that use our product names and trademarks, here is a simple check list that our lawyers have us use:

What is the nature of the unauthorized use of the mark?
What is the timeline?
•Is it already in use or merely proposed?
•When was the first use by the alleged infringer?

What is the context?
•In connection with what types of goods or services is the mark used?
•Is the mark the subject of a trademark registration or application?
•What is the extent of use, such as, Internet, brochures, catalogs, retail?

Who is the unauthorized user?
•A competitor?
•A critic?
•A small player in the distribution of unauthorized goods?
•A fan or loyal customer?
•A business partner or licensee?

What practical matters bear on my decision?
With respect to the unauthorized user:
•Is it a large business entity?
•Is it solvent?
•Where is it located?
•Is it historically aggressive or quick to settle?
•What is the personality/reputation of its law firm?
•Is it likely to file a lawsuit for declaratory judgment?

With respect to my position:
•What is the potential cost of litigation?
•What is the likelihood of recovering damages?
•Can I suggest a noninfringing alternative mark or disclaimer?
•Am I comfortable with the C&D being published?