Posts Tagged ‘trademark infringement’

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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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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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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What is a Fanciful trademark?

Friday, January 13th, 2012

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

This is Brian Hall, a trademark attorney with Traverse Legal, PLC, a law firm representing trademark owners throughout the United States.  Today, I will be answering the question: “What is a Fanciful Trademark?” Continue reading What is a Fanciful trademark? »

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What is an Arbitrary Trademark?

Thursday, January 12th, 2012

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

This is Trademark Attorney Brian Hall with Traverse Legal, PLC, a law firm representing trademark owners throughout the United States.  Today, I will be answering the question: “What is an arbitrary trademark?” Continue reading What is an Arbitrary Trademark? »

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What is a Suggestive Trademark?

Thursday, January 12th, 2012

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

This is Brian Hall, an attorney with Traverse Legal, PLC, a trademark law firm representing clients and trademark applications with the United States Patent and Trademark Office and trademark related litigation and matters throughout the United States. Today, I will be answering the question:  “What is a suggestive trademark?” Continue reading What is a Suggestive Trademark? »

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What is a Descriptive Trademark?

Wednesday, January 11th, 2012

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

This is Brian Hall, an attorney with Traverse Legal, PLC, a law firm that represents trademark applicants, trademark registrants, and those facing trademark issues throughout the United States.

Today, I will be answering the question:  “What is a descriptive trademark?” Continue reading What is a Descriptive Trademark? »

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What is a Generic Trademark?

Tuesday, January 10th, 2012

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

This is Internet Lawyer Brian Hall with Traverse Legal, PLC, a law firm that represents trademark owners throughout the United States. Today, I will be answering the question: “What is a generic trademark?” Continue reading What is a Generic Trademark? »

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Do I Have To Trademark?

Monday, January 9th, 2012

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

This is Attorney Brian Hall with Traverse Legal, PLC, a law firm that represents trademark owners and those dealing with Trademark infringement and related issues throughout the United States. Continue reading Do I Have To Trademark? »

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How to Avoid Trademark Infringement

Wednesday, December 28th, 2011

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

This Brian Hall, a trademark attorney with Traverse Legal, PLC, a law firm that represents trademark owners and those looking to establish trademark rights throughout the United States.  Today, I will be answering the question:  “How to avoid trademark infringement?” Continue reading How to Avoid Trademark 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