Trademark Attorney, Lawyer: Trademark Registration & Trademark Infringement

Trademark Infringement Threat Letters Spoil Children's Birthday Fun

A cease and desist letter alleging trademark infringement can ruin your day:  Who would think that a child's birthday party could incite a threat of trademark infringement by a large company?  Because costum shops regularly send trademark protected characters to parties, it is easy to understand why a registered trademark holder might get upset if permission or license is not obtained first.  Costum shops which use trademark protected characters need to be careful or take a significant risk of receiving a cease and desist trademark letter.  Make sure you get a license first.

Attorney Threat Letters, Cease & Desist and Notice Letters Alleging Trademark Infringement: Understand Your Options & Risks

Traverse Legal Attorney Brian Hall discusses what you should do when you receive a trademark cease and desist letter.  Listen as he reviews what a trademark threat letter is, why you would get a cease and desist threat letter, why trademark owners send threat letters, and what you should do when you receive a trademark threat letter.  Mr. Hall highlights trademark defenses, such as fair use, and other options you have when you receive a trademark threat letter.

Trademark Infringement: Litigation or Co-existence

A "cease and desist" letter is always a first step in a case of (or potential) trademark infringement after you have secured the denial of a trademark application. This is because a third party will rarely stop the use of a mark following its denied registration, and simply continue the use of the mark just as before their application.

If you do not receive a favorable response to your letter, it may be time to file a complaint in federal court over this alleged trademark violation.

However, litigation is not always necessary, nor the most accommodating of your business interests. It is always possible to negotiate an agreement with the third party in order to peacefully co-exist. This would be advisable in a case where there is little likelihood of consumer confusion.

In a situation in which an agreement is best suited, it is important to have a drafted agreement that fully protects your company's rights, both under the current circumstances, and any potential future one.
Contact a trademark infringement attorney today to discuss a response to a trademark infringement, or the drafting of a co-existence agreement.

If you don't defend your trademarks, who will?

GROKLAW has an interesting post about a recent NY Times story  reporting that Leo Stoller, who by appearances is an expert at sending trademark infringement threat letters, was able to trademarked the word relatively common word "stealth."

As you can see, it appears that Mr. Stoller aggressively defends his trademarks and does very well against people who don't fight back.  Give Mr. Stoller credit for defending his marks.

Groklaw provides two links for further information about the tactics used by this gentleman, once his marks have been approved. 

http://www.biglist.com/lists/lists.inta.org/tmtopics/archives/0404/msg00092.html
http://www.biglist.com/lists/lists.inta.org/tmtopics/archives/0404/msg00093.html

Here's an explanation on how trademark law does work on Bitlaw.