Archive for the ‘Trademark Law’ Category

Trademark Agreements

Tuesday, October 29th, 2013

Trademark Agreements Assignments Versus Licenses
Matt: Hello! Welcome back to Trademark Law Radio. This is Matt Plessner, and today we’re going to be discussing the difference between assignments and licenses in terms of trademark agreements. And to help us out today, Brian Hall, attorney at law of the Traverse Legal office of Traverse City, MI, joins us once again today. Brian, hello.

 

Brian: How’s it going Matt?

 

Matt: Doing pretty well, thank you for asking. Now, let’s start off by talking about, Brian, why do trademark owners enter into trademark agreements?

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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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When Can I Use a Registered Ⓡ vs. Common Law ™ Trademark Symbol?

Tuesday, September 24th, 2013

 Ⓡ vs. ™?

Author:

Clients and prospective clients alike are often confused as to which trademark symbol they can use and when. There are various options available. First, the registered ® symbol, which is displayed in superscript form next to the mark with a capital R enclosed by a circle. Second, is the ™ symbol, which is displayed in superscript form next to the mark with capitol T and a capital M. Third, is the service mark symbol known as ѕм, which is displayed in superscript form next to the mark with a capital, S and a capital M. Trademark owners should not use these interchangeably as each has a very specific meaning.

The registered R symbol is reserved for trademarks that are registered with the United States Patent and Trademark Office. However the registered R symbol, it is not only reserved for trademarks that are registered with the USPTO but also for service marks that are registered with the USPTO.  . Keep in mind, the only difference between a trademark and a service mark is that the mark is used with goods or products for a trademark, where as the mark is used with services for a service mark.

There is only one kind of registered symbol, and that is the registered ® symbol. A similar symbol, with a very different meaning, is the copyright symbol, which is epitomized by a small c with a circle around it, or ©  That is for copyrights only and should never be used with a trademark to identify designation, although it may be displayed if indeed the logo or other design is subject to both copyright and trademark protection. People should also understand that the registered trademarks symbol may also be used on marks that are not registered with the USPTO if they are registered in other countries. Therefore, it usually takes researching and, effort to determine whether or not the registered ® symbol is referring to a United States federally registered trademark or some other trademark registered in a foreign jurisdiction. Continue reading When Can I Use a Registered Ⓡ vs. Common Law ™ Trademark Symbol? »

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How To Defend Against Trademark Counterfeit Claim

Wednesday, September 18th, 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 trademark 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, first of all, what is trademark counterfeiting?

Brian:  That’s a great question, Matt.  A lot people are aware of trademark infringement and related claims, but trademark counterfeiting is something that people think about when they’re buying or selling a product that isn’t the actual or genuine product, but instead has been produced by someone else to look like that product and it bares the mark of the actual product.  So, under law, the Lanham Act, which is the act that specifically deals with trademarks (and it is a federal act), it prohibits the use and commerce of counterfeit trademark in a matter that’s likely to cause consumer confusion, and it’s further provides that anyone using the counterfeit trademark in that way, meaning as a counterfeit, will be liable in a civil action to the registrant of the trademark.  So, put simply, what it means is, under law, if someone uses the trademark of another on a product that’s not the actual product or a genuine product then they can be liable for trademark counterfeiting.
Continue reading How To Defend Against Trademark Counterfeit Claim »

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Trademark Infringement on the Internet: What to do?

Monday, August 5th, 2013

We get a lot of questions on trademark issues and most of them deal with internet-based trademark infringement or online trademark infringement claims. When someone uses your trademark or service mark on the Internet, you potentially will lose more than just customers. You’ll lose revenue, profits, and have your website traffic diverted to someone else’s website. As importantly, you need to understand that a failure to protect your trademark may result in voiding your mark altogether. A good internet and technology lawyer will be able to help you understand your options when facing an unauthorized use of your trademark on a website, blog, e-commerce platform, online sales platform, Facebook, Twitter or other online media. Trademark infringement is serious business. Trademark infringement on the Internet needs to be dealt with early, before you lose your trademark rights

The other thing that you need to understand about trademark law is that much more than the literal elements of the mark are protected. Trademark law protects any unauthorized trademark use which is likely to cause consumer confusion about the source and origin of goods.  As a trademark lawyer, I often find myself explaining to clients that just because a literal word doesn’t come back on a Google search, doesn’t mean that you won’t be infringing someone else’s trademark if you choose it. You have to search for variations and equivalents of the word in order to see if anything is similar. If it is similar, you need to ask yourself whether or not your trademark is going to be used in a distinct area of goods or services from someone else’s trademark use. There is a Delta Airlines. There is also a Delta Faucet. They do coexist. But there will never be another faucet company incorporating a similar word to the “Delta.” And there won’t be another airline which uses a similar word to the word “Delta.” And the logos of both companies are fully protected against any trademark infringement which might cause consumer confusion. Speak to a competent trademark attorney who specializes in Internet Law today to better understand your rights.

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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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How to Register a Name as a Trademark

Monday, June 25th, 2012

If you want to protect your name as a trademark, there a numerous steps that you need to go through. It is not as simple as simply filling out a form. If you do anything incorrectly on your trademark registration application, your trademark, even if it gets registered, because it’s of course based on the information that you and your trademark attorneys provide, could be invalid. So you could have spent all that time and money for nothing, because somebody challenges your trademark down the line and it turns out you provided some misinformation, either intentionally or innocently. Boom, your trademark is invalid.

Continue reading How to Register a Name as a Trademark »

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Trademark Infringement and Likelihood of Confusion

Thursday, May 17th, 2012

As a trademark attorney, I see things every day, many of which don’t surprise me anymore.  But I have to say one thing that I really hear a lot in the area of trademark registration and trademark infringement is, “Hey, my mark is different than the one that is being used by the trademark holder” or “my mark isn’t exactly the same” or “my logo is slightly different.”  What people fail to realize is that trademarks protect around the mark.  They protect more than just the literal use of the word or the design element or the logo or the colors in the related elements of the trademark use.

Continue reading Trademark Infringement and Likelihood of Confusion »

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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