Posts Tagged ‘trademark rights’

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

Monday, March 19th, 2012

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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  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
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Recent Attorney Speaking Engagements:
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  • 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