Archive for the ‘Protecting Your Trademark from Infringement’ Category

Common Litigation and Prosecution Trademark Pitfalls in 2011-2012 – YouTube Video

Thursday, July 3rd, 2014

The Fair Use Defense. I’ll go to over the case and then I’ll make the point that I am trying to make. But the Fair Use Defense is codified in the Lanham Act under 15 USC 1115 (b)(4) and its … there are two types of trademark fair use.  There’s the classic trademarks fair use defense where the defendant has used the plaintiff’s mark to describe the defendant’s own products or nominative fair use where the defendant has used a trademarked term to describe the plaintiff’s product even though the defendant’s ultimate goal is to describe its own products.  So whether you’re dealing with the classic or the nominative fair use defense, there are several prongs that you need to satisfy.    Continue reading Common Litigation and Prosecution Trademark Pitfalls in 2011-2012 – YouTube Video »

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Trademark Clearinghouse Update: Should I register my trademark in the new ICANN Trademark Clearinghouse?

Thursday, September 26th, 2013

Should I register my trademark in the new ICANN Trademark Clearinghouse?

The countdown to a whole new universe of web extensions is underway. From the Summer of 2013, hundreds of new top level domains, or gTLD’s, will begin to appear in the online space, resulting in a whole universe of new domains. But while the new extensions offer many exciting opportunities for businesses online, brand owners also need peace of mind that their trademark is protected within this new universe. For this reason, ICANN, the organization that oversees domain names on the internet, has created the Trademark Clearinghouse. This is a centralized database of validated trademarks operated by world- class providers Deloitte and IBM. The Trademark Clearinghouse is the only authorized and universal means of a brand owner protecting their trademarks during the launch and take-off periods of every new gTLD.

Continue reading Trademark Clearinghouse Update: Should I register my trademark in the new ICANN Trademark Clearinghouse? »

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How to Defend Against Trademark Counterfeit

Thursday, September 26th, 2013

Matt: Hi, and welcome back to Trademark Law Radio.  I’m Matt Plessner. Today we’re going to be discussing trademark counterfeiting, and how to defend yourself against claims of counterfeiting. To help us, we’re speaking again with Brian Hall of the Traverse Legal office of Traverse City, Michigan…Brian, nice to have you back.

 
Brian: Thanks Matt, it’s good to be here again.

 
Matt: Now Brian, fist of all, what is trademark counterfeiting?

Continue reading How to Defend Against Trademark Counterfeit »

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Stolen Trademark = Trademark Infringement

Wednesday, January 9th, 2013

Lawyers speak different than their clients. A client tells their lawyer that someone has stolen their trademark. Of course, the attorney knows this means that there might be claim of trademark infringement. Helping bridge the communication gap is really important. This is just what example of how a good competent attorney has to be able to interpret the information they receive from their client about intellectual property and other legal issues.

As an internet lawyer specializing in trademark infringement litigation, cases, registration and assessment, I hear common language from clients all the time. Personally, I prefer they way clients speak about their problems. In many ways, their description of the issue is more accurate than the legal term we label it with.

Yes, someone has stolen your trademark. Trademark theft occurs every day. And a good trademark infringement lawyer will help you get your stolen trademark back from the person who took it.

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Trademark Cease and Desist Letter Forms: The Do’s and Don’ts

Friday, August 31st, 2012

Too many companies and too many trademark lawyers simply send out trademark infringement cease and desist letters as a matter of course. They don’t, as good attorneys or good companies, or good stewards of the trademark system, stop and think about who they’re sending the letter to. Sometimes people aren’t intentionally infringing your trademark at all, and sometimes there are legitimate reasons why people have registered a similar domain name, or used a similar company name, or have otherwise done something, which you believe is too close to your trademark.

My name is Trademark Infringement Attorney Enrico Schaefer, and today we’re going to talk about the do’s and don’ts of sending a trademark cease and desist letter. The deal here is this. There are people who will directly attack your trademark and those people deserve a very aggressive threat letter. They deserve to receive a threat letter which tells them that you believe that they’ve intentionally targeted your trademark and that they’re liable potentially for statutory damages and attorney’s fees under trademark law.

Continue reading Trademark Cease and Desist Letter Forms: The Do’s and Don’ts »

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Intellectual Property: Trademark Rights

Thursday, March 22nd, 2012

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

My name is Enrico Schaefer and I specialize in trademark and intellectual property issues.  Today, we’re going to be talking a bit about intellectual property and trademark rights.  Some of the questions we receive from clients and prospective clients all the time are, “what is the difference between the various types of intellectual property?”  “Is a trademark intellectual property?” “What is the difference between a trademark and a copyright?”  “What is the difference between a patent and a trademark?” “What is the difference between a patent and a copyright?”  Today, we’re going to have a little bit of an intellectual property primer and we’re going to talk a little bit about the differences between various forms of intellectual property and, in fact, what is intellectual property.  Today, we’re going to be dealing with a very broad topic of IP. Continue reading Intellectual Property: Trademark Rights »

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Trademark Infringement: How to Protect Your Trademark

Thursday, March 22nd, 2012

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

Welcome to Trademark Law Radio, my name is Trademark Infringement Attorney Enrico Schaefer.  I work for a law firm that specializes in all trademark matters, trademark law, trademark registration, and, of course, trademark licensing and trademark infringement.

Today, we are going to be talking about trademark infringement.  It is obviously a hot topic because the internet makes trademark infringement very easy.  It’s as easy as creating a website or domain name and then allowing someone to infringe on it by registering a similar domain name or using your trademark in their web page.   And let’s face it, in today’s world, trademark infringement is rampant and you need to protect your trademark, especially if it’s registered, if, in fact, you are going to build value around that trademark. Continue reading Trademark Infringement: How to Protect Your Trademark »

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Trademark Basics: How to Protect Your Name as a Trademark

Wednesday, March 21st, 2012

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

Welcome to Trademark Law Radio.  My name is Trademark Attorney Enrico Schaefer and today we are going to be talking about name and brand protection.

If you are going to start a new company, launch a new product, a new service, a new slogan or new logo, you are going to need to protect that.  And what I mean by protect the logo, the name or the mark, is that you want to be the only one in the world that can use that brand that you have picked for your company or product or service.  You want to be the only one in the world that gets to use that for your goods and services.  So, if you are a faucet company and you are manufacturing kitchen sinks and similar things, you want to be the only one who gets to be Delta Faucets.  If you are an airline, you want to be the only one that gets to be Delta Airline.  Now, Delta Faucets and Delta Airline could co-exist in the trademark world because no one is likely to be confused about who is who. Continue reading Trademark Basics: How to Protect Your Name as a Trademark »

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After You Register Your Mark, You Need to Maintain the Mark with the USPTO?

Monday, March 19th, 2012

MARK TRADEMAN, TMIN NEWS ANCHOR:
Congratulations on the registration of your trademark! You’ve probably invested a lot of time and money into getting this registration, so don’t forget to take the actions necessary to protect your valuable asset.

Trademark rights can last forever, but in order to keep your federal trademark registration you must continue to use the mark in commerce and file the required maintenance documents at regular intervals. The first maintenance document must be filed between the 5th and 6th years after registration and the remaining documents must be filed between the 9th and 10th years after registration, and then every 10 years thereafter. We’ll talk more about that in a moment, but be aware: Failure to file these documents will result in the cancellation, or loss, of your federal registration. Continue reading After You Register Your Mark, You Need to Maintain the Mark with the USPTO? »

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I have Achieved Trademark Registration: How Do I Protect My Trademark from Third Party Infringement?

Monday, March 19th, 2012

MARK TRADEMAN, TMIN NEWS ANCHOR:
Thanks for staying with us in our continuing coverage of critical application issues for trademark filers. As before, if you want to avoid delays in the prosecution of your application, you must pay attention to the following important tips.

First, remember that registration is not instantaneous or guaranteed. Each application must be reviewed for legal requirements and this takes time. Although your application usually will begin to be examined within 3 months, final disposition may be months or years down the road. You may need to respond to refusals or requirements issued by the examining attorney handling your case, submit additional paper work, and pay additional fees. This is especially true if you filed under the Intent to Use basis. You will be required to submit additional forms and you will be required to pay additional fees. Continue reading I have Achieved Trademark Registration: How Do I Protect My Trademark from Third Party Infringement? »

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Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan