Currently browsing March 2011 Archives.

Wednesday, 30 March 2011

Bloggers Battle Over Trademark Registration and Rights | Trademark Law Firms Blog

The law blog Lawyerist files lawsuit against Peerviews Inc., to invalidate its trademarks “BigLaw” and “Small Law."
 
On February 24, Aaron Street from the Lawyerist blog received a trademark notice threat letter from trademark law firm Fish & Richardson demanding it remove its Feb. 15 blog post titled “Above The Law Goes Small Law” because the use of “Small Law” in the title of the post infringed on its client’s trademark registration in the words “SmallLaw." 
 
The Lawyerist published the blog post with the title “Above The Law Goes Small Law” in reference to another legal blog called “Above The Law” which started covering news related to small law firms.   In light of this, the Lawyerist maintains that the title was descriptive and accurate.

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Tuesday, 22 March 2011

Trademark Infringement Threat Forces Logo Change | Trademark Law Firm Blog

A recent story out of Atlanta Georgia reconfirms the importance of trademark registration, trademark monitoring, and trademark litigation in the event of infringement.  The Florida State University was forced to threaten a trademark infringement lawsuit against two Atlanta area schools for use of the Seminoles’ logo on both helmet and jersey.  As the article quotes, the trademark infringement threat letter sent by Collegiate Licensing Company on behalf of Florida State University noted that the high school’s logo and mascot “may cause consumers to erroneously believe that the university has authorized Salem High School to use its marks.  Additionally, it would dilute the distinctiveness of the marks that the public associates with the university.”

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Friday, 18 March 2011

Internet Law Attorney Discusses Protection for New Goods and Services

Welcome to Trademark Law Radio sponsored by Traverse Legal, internet law attorney specializing in trademark registration, trademark infringement, trademark protection and trademark monitoring.  In this episode, Trademark Attorney Brian A. Hall discusses the benefits of international class trademark registration to cover new goods and services.


Attorney Brian A. Hall:  Owning a trademark registration is a great start, but it may not be enough, unfortunately.  Remember, a trademark registration provides the trademark owner with exclusive rights to use that trademark in connection with the goods or services listed in the trademark registration.  Therefore, any goods or services you are offering that are not listed in that trademark registration, or not similar enough to those listed in the trademark registration, may not be something you have protected. 

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Internet Law Attorney Discusses Trademark Monitoring | Trademark Litigation

Welcome to Trademark Law Radio sponsored by Traverse Legal, internet law attorneys specializing in intellectual property law.  In this episode, Trademark Attorney Brian A. Hall discusses the benefits trademark monitoring for protection against cybersquatting and trademark infringement.


Attorney Brian A. Hall:  Now that you’ve successfully acquired a trademark registration, it is important to recognize that your work is not done.  You have an affirmative duty to protect against an unauthorized use of your trademark. Your failure to do so can result in you losing your trademark rights.  Therefore, trademark monitoring is an extremely important part of all trademark owners’ continuing obligation to protect their trademarks.  Trademark monitoring not only protects the trademark, but also ensures the value continues to be applied to that trademark. 

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How To Trademark A Logo | Tips from Trademark Attorney Brian Hall

Did you ever wonder how to trademark a logo?  In this episode of Trademark Law Radio, Trademark Attorney Brian A. Hall discusses trademarking a logo or stylized design. This show is sponsored by Traverse Trademark Law, internet law attorneys specializing in trademark registration, trademark infringement, trademark protection and trademark monitoring.

"How to Trademark My Logo" Quick-Tips:

  1. A logo is a graphic or design used to promote public recognition. Logos are either purely graphic (symbols/icons) or are composed of the name of the organization (a logotype or  word mark).
  2. In order to trademark a logo, you need to create a graphic or design and associate it with your product or services.Teh best way to protect agasint logo trademark infringement is to get registered.
  3. You need a trademark lawyer to help you fill in the trademark registration forms and knows how to trademark a logo correctly the first time it is filed. To TM a logo or design, you need expert help.  And the cost is well worth the return on investment.


Attorney Brian A. Hall: Considering registering a trade mark for your logo? Ownership of a trademark registration for a character mark, or the words and letters themselves, is a great start.  But, in order to increase the overall protection of your intellectual property, as well as the underlying value of that trademark, it is important to consider additional trademark registrations. The obvious next step is to register the logo which displays on your signage or web site.  The United States Patent and Trademark Office allows for these types of registrations.

Learn more about "how do i trademark my logo" below....
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Internet Law Attorney Discusses International Trademark Registration | Trademark Protection

Welcome to Trademark Law Radio sponsored by Traverse Legal, an internet law firm specializing in intellectual property law with offices conveniently located in Traverse City, Michigan; Los Angeles, California; Austin, Texas; Lexington Park, Maryland and Encino, California.  In this episode, Trademark Attorney Brian A. Hall discusses the benefits of international trademark registration for trademark protection in foreign countries.


Attorney Brian A. Hall:  Owning a trademark registration with the United States Patent and Trademark Office is a great start, but in today’s global economy, it might not be enough.  Each trademark owner’s goal is to increase the protection of its trademark, as well as the underlying value associated with it.  Therefore, while a trademark registration with the USPTO provides protection in the United States, it might not provide the protection worldwide that’s necessary. 

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Tuesday, 08 March 2011

Is Trademarkia a Scam? | Legal Tips from a Trademark Lawyer

Trademarkia (trademarkia.com) has quickly become one of the largest trademark form services on the internet, perhaps even larger than LegalZoom.com.  Trademarkia primarily provides a number of ancillary services to the trademark process the most powerful one of which is perhaps the most powerful trademark database search tool anywhere.  If you want to register your trademark, and you are looking for a low-cost alternative to a full service trademark law firm such as Traverse Legal, you can also register your mark through the Trademarkia interface.  As part of the Terms of Service (TOS), you agree to request that the law firm Raj Abhyanker P.C. to become the trademark attorney of record. Mr. Abhyanker is the founder of Trademarkia. 

Trademarkia, in our opinion, is not a scam, but a high powered tool for consumers and trademark lawyers who want a powerful trademark search tool, and for consumers who can't afford traditional trademark registration services.  Trademarkia has a great search engine for trademark registrations, solid notice services and a number of helpful 'up-sells' for things like logo creation, social network mark searches, etc. 

Update June 1, 2011 - Bloomerberg article on Trademarkia and Raj Abhyanker:  Trademarkia Upends Trademark Filing Process, Angers IP Lawyers

Friday, 04 March 2011

How to Trademark A Name | Watch Out for Infringement when Trademarking

Indianapolis, IN:  Trademark Infringement Lawsuit

Trademark lawyers for ChaCha Search, Inc. filed a trademark infringement lawsuit against HTC America, Inc. , alleging that the defendants infringed the ChaCha trademark. ChaCha Search owns the mark and design "ChaCha" that is registered here, here and here with the United States Patent and Trademark Office

Trademark attorneys for ChaCha Search allege that HTC plans to begin offering similar search services on its smart phone which ChaCha Search claimes to have already developed and offered to its mobile phone users and that HTC plans to use the name and mark “ChaCha” for the smart phone.

Trademark Blog Homepage: Trademark Attorney, Lawyer: Trademark Registration & Trademark Infringement

Trademark Infringement: Cease & Desist Letter Help

  • Trademark Threats: 6 Reasons To Take Them Seriously
    Trademark attorney Enrico Schaefer explains what you should do when you receive a trademark cease and desist letter. Listen as he reviews 6 reasons why you should take any trademark threat letter seriously, and what you should do when you receive a cease and desist.
  • How to handle a trademark cease and desist letter?
    Trademark Attorney Brian Hall discusses what you should do when you receive a trademark cease and desist letter. What a trademark threat letter? Why trademark owners send trademark threat letters? What you should do when you receive a trademark infringement threat letter.

How to Trademark A Name?

  • How to Register a Trademark - USPTO Stopfakes.gov
    You can establish rights in a mark based on legitimate use of the mark. However, owning a Federal trademark registration on the Principal Register provides several advantages ... here is how.
  • Types of U.S. Trademarks - USPTO Stopfakes.gov
    Specific types of trademarks include: Service marks which identify and distinguish the source of a service rather than a product; Certification marks are used by someone other than its owner, to certify quality or other characteristics of such person's goods or services; Collective marks are trademarks or service marks used by the members of a collective group or organization.
  • Definition of a "Trademark"- USPTO Stopfakes.gov
    A trademark includes any word, name, symbol, or design, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
  • How To Copyright and Trademark a Catchphrase!
    Wondering how to trademark a catchphrase? You should also think about how to copyright a catchphrase. Some intellectual property can be protected by both a trademark and copyright registration.

ARCHIVES

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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