I have a logo I have been using for the last 29 years in europe. Because of Internet I have discovered that some has exactly the same logo for the same type of business in the US and has been using that for 30 years. I can prove I received the logo from a graphic artist. They can also prove they had it one year earlier. None of the logos are registered as a trademark. Because we advertise in the US via internet we have now been ordered by the other company to stop using the logo. Do we have to stop using the logo?

All Answers To Questions

NO! Make them pay the court cost to force you to stop!

because of the lack of registrations, common law applies. you each have a right to the mark in your home market. ie you used the mark first in europe, so they cannot use it in europe. but they are first in the US market area, so they can claim precedence. common law trademarks in the US would only be protected in the company's state of incorporation, so in reality they have limited market claim in the US and certainly not internationally. The internet does put a skew on things because common law precedents are from a pre-wired world. I would suggest you indicate the country of your incorporation in conjuction with the logo until the dispute cools down.