If the OP can prove SHE was using the name first (in a given market) - she has the full right to use the name - whether she registers it or not. And she can pursue a trademark infringement action - whether or not the mark is registered.
But it will be expensive. Collection of damages will probably not be possible. The question is how much is the name worth? If its a lot - she can at least stop the imitator from continuing to steal her brand.
This question is directed to providers that have created a brand for themselves that have no film studio or other professional affiliation.
Given the amount of time it takes to build a brand, what do you do when another provider starts posting with YOUR brand? PM's are fine.
A provider stole the logo I use on some ads and put it on her Massachusetts bp ads stating she's The Private Assistant.
Given the amount of time it takes to build a brand, what do you do when another provider starts posting with YOUR brand? PM's are fine.
This is such an important issue that only the best will do 
I'll hit them with a writ of hideous corpus.
did you get those bit coins I sent you for payment? and I wonder how good old Priapussy is doing? lmao
Are you sure that gold foil didn't have some brown stains on them? I wouldn't advise eating them without washing the brown off. Afterall, we have no idea what "butt" they came out of. lol
The trademark idea had occurred to me but I felt like it would only carry weight if I'm willing to pursue legal avenues. I need to learn more before adding my information to a public information registry, like filing for a trademark.
I have made attempts to contact the provider by text and phone. I'm sure the 6:30 am wake up call didn't sit well. I've posted counter advertising in the same markets ('she's not me' ads) to at least give a quick point of reference for anyone looking.
They say imitation is the sincerest form of flattery. That emotion is the furthest from my mind.
When pursuing a "trademark infringement" if the defendant can prove that they were using the name BEFORE you filed for trademark protection, your chances of prevailing drop to just about zero.
Registering a trademark is quite easy and can be done for only a few hundred bucks, if your "name" is important to you, you might consider doing this to protect yourself in the future. For the record trademark infringements usually carry six digit penalties, but of course collecting from a BP hooker is not really a realistic goal.
If the OP can prove SHE was using the name first (in a given market) - she has the full right to use the name - whether she registers it or not. And she can pursue a trademark infringement action - whether or not the mark is registered.
But it will be expensive. Collection of damages will probably not be possible. The question is how much is the name worth? If its a lot - she can at least stop the imitator from continuing to steal her brand.
and I am sure it's not a laughing matter to the OP, but you are correct. The problem is, the facts don't support the OP where it comes to filing a TM infringement suit, even if she were to trademark her name for all of the reasons you just mentioned.
Is that trademark protection is not available for "Illegal goods or services".
So, this whole discussion is probably nothing more than academic.
As a practical matter, the OP has little or no way of protecting herself against this.
And here I thought that maybe she'd ask Perry Mason to also patent her LE check...exclusive for newbies
I love this site LOL
So, this whole discussion is probably nothing more than academic.
As a practical matter, the OP has little or no way of protecting herself against this.
but my recollection is tortious interference is a common law theory protecting anyone from interfering with the expectations of contracting parties. A contract made for an illegal purpose,i.e., the performance or formation of the agreement will cause the parties to engage in illegal activity, is unenforceable.in the courts, and is not a contract recognized by law. So i don't see any recourse here. Then again, I don't practice in this area and maybe the law has changed.
You just have to love the arguments on how to prosecute illegal activities. I'm still waiting to hear the recourse by gals on the cancellation fee.
Is Judge Wapner still presiding?
He always takes care of tha ladies. 
Recourse is nice, but a profitable client wants to fight "over the principle!"
Aounds good to me. I'm all for it!
Given the amount of time it takes to build a brand, what do you do when another provider starts posting with YOUR brand? PM's are fine.
Instead of seeing it as a negative... I see you own the domain name already, why not try to capitalize on it, and offer a screening service of your own, where you screen/qualify outside providers to use the namesake. Before you know it... you could have 50 "Private Assistant Approved" providers around the country.
Hit them up for a management fee of some kind... feed them some webspace through a subdomain system (like lea.theprivateassistant.com, julie.theprivateassistant.com, etc) and provide them tools to grow YOUR brand into something much larger than just yourself.
Lemons [meet] Lemonade
You are quite the capitalist. Something to think about.
Hit them up for a management fee of some kind... feed them some webspace through a subdomain system (like lea.theprivateassistant.com, julie.theprivateassistant.com, etc) and provide them tools to grow YOUR brand into something much larger than just yourself.
Lemons [meet] Lemonade!
To prevent others from piggybacking on your name, I would suggest getting all the other lesser domains, ie .net,.US et al to further protect yourself.
Girls steal others' pix, name, ad copy, etc. What you can do depends on where the thief is using your material. Here or on Eros you can get her to stop using your pix. TER actually has no policy against using another girl's ad copy. But if you're persistent you can get her to find another victim, although, really, I doubt she can hurt your business much at all.
It also would be more helpful if you asked this question on the PO Board, assuming you have entry there.
I haven't made quota to be added to PO board.
Had a session once with a lady that had marks from being branded on her stomach but I don't know if that is relevant to this conversation. Probably belongs over on the BDSM board.
-- Modified on 10/31/2014 8:26:17 PM
According to the US patent office:
A service mark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of a service rather than goods. The term “trademark” is often used to refer to both trademarks and service marks.
The bad news is that without registration, while you can claim to have used it first, you may only be able to successfully challenge someone else's registration of the mark or their application for a mark.
At this point it's most likely more cost effective to send a generic cease and desist letter. I mean, does she really want that kind of attention?
They write all types insurance policies so, why not Provider Brand
Providers have tried to post with my brand, but I shut them down real quick. A few years back, a black provider in Raleigh, NC stole photos of me and posted ONE ad with said photos. Problem with that was my chest tattoos were visible and when I emailed the provider, she never responded back. The ad was taken down nearly 2 hours after I sent a complain to BP. If a girl can't use her natural talents to advertise herself and has to resort to stealing other provider's ideas then there's a problem!