Patents & Trademarks Questions for infringement

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Domain Name and Trademark Infringement

Domain Name and Trademark Infringement

In Domain Names    -  updated on 11/11/2009
Interesting,

I have owned a .com for 6 years doing business in my state.  I received a complaint for trade mark infringements form a company, that I need to respond too.  The complaint has everything under the sun as far as dirty deeds we have committed as internet spammers, conning people out of money acting like we are them.

There is not a shred of evidence on any of the allegations however, I need to respond legally or I'll loose somehow I'm sure.<...
[Trademark] Infringement allegation help please

[Trademark] Infringement allegation help please

In Trademark Disputes    -  updated on 11/11/2009
Hi

I am totally new to this whole deal so please bear with me.

I am the owner of a fishing related business here in the US, called  XXXXXXXXXX  I sell fishing baits for catfish and carp fishing here in the US.

I recently received an email from a company in the UK called XXXXXXXXX, stating I was infringing on their copyright by calling my company anything that had XXXXXXX in the title.

They also said that as my corporate colors were similar...
Infringement Insurance??

Infringement Insurance??

In Trademark Disputes    -  updated on 11/11/2009
I am in the process of licensing my trademark to a large apparel manufacturer.  We are very close to finalizing the agreement but their attorney is asking us to "obtain and provide evidence of Commercial General Liability (?CGL?) insurance in the amount of $1,000,00 Per Occurrence and $3,000,000 Annual Aggregate.  The CGL insurance policy shall cover ?advertising injury,? including but not limited to payment for the defense against a claim of copyright infringement, trademark i...
Registered Trademark - Questions about infringement

Registered Trademark - Questions about infringement

In Trademark Disputes    -  updated on 11/11/2009
hopefully maybe somebody can shed some insight to these questions we have - and we, we know, contacting an attorney about situations is always the best, but right now we're just trying to elevate our knowledge.  Here's our questions:

1.  When another business entity is using the trademark business name, but we found after the fact, was doing so before we started using it/registering it, we understand that they are allowed to in their geographical location. ...
Trademark infringement?? - HELP

Trademark infringement?? - HELP

In Trademark Disputes    -  updated on 11/11/2009
I would like to file a trademark for "Rossy's Leather" which would be a company making leather wallets, leather belts, leather bracelets and such. 

There is a live trademark filed for "Rossy's", a company making clothes. 

Would i be infringing i their trademark??

Thanks for the help!!!!
International Trademark Infringement / IP rights?

International Trademark Infringement / IP rights?

In International Trademarks    -  updated on 11/11/2009
I launched a website about a year ago selling one single product (for exemple: photo books).
A bigger company located in the UK sent me a letter (from the CEO, no attorneys yet) stating that they own the Intellectual Property rights of this product.
They have been in business many years before me and have partnerships with big US websites. They state owning the IP rights, Copyright, general goodwill, visual effect and use of the term "PhotoBooks". After checking, I do see ...
Infringement or not?

Infringement or not?

In Can I Trademark it?    -  updated on 11/11/2009
I have a slogan that I use for t-shirts that is similar but not exact to a nationally known slogan.  The difference is that I have taken off "one word" from the slogan to make it different, but it has the same meaning.  I would rather not post the slogan, but my question and concern is would it be considered an infringement against the nationally known slogan although one word is different?   I checked the trademark (TESS) and the slogan I use it not trademarked....
Trade name infringement??

Trade name infringement??

In Trademark Disputes    -  updated on 11/11/2009
I need some help!!  I have a business, let's call it "California Classic Kawasaki" selling parts and service for "classic" Kawasaki machines (over 30 years old).  I have a website under same name that's been up 2 years and I've never had a complaint (am I just lucky?).  I will soon be opening a retail store too and want to keep the same name.  Are they going to come after me?  For the website or the retail store?  I have more pa...
Financial aspects of an infringement suit

Financial aspects of an infringement suit

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
Hi,

I am hoping for a generic, rather than specific answer regarding an infringement suit.

Unique trademark in use for years - did not register it.
Can absolutely prove confusion in the market place.
Infringing usage is exactly the same.


Infringing company has just had mark registered and period to oppose is past, but within 5 years so able to go for cancellation.  Filing was intent to use.

I won't go into details, but inf...
Trademark Infringement

Trademark Infringement

In Trademark Disputes    -  updated on 11/11/2009
I was reading a blog on TM infringment and thought I might receive some input. 

In this case, an owner of a trademark is suing a potential infringer, however, during the course of the case, the infringer finds out that the company was a suspended corporation under the laws of the state at the time they registered the mark.  The infringer brought fraud on the USPTO in receiving federal protection.  Is anyone familar with this scenario?

Regards,

Role of Disclaimer in Infringement

Role of Disclaimer in Infringement

In Trademark Registration    -  updated on 11/11/2009
Group:

Can anyone explain the role of disclaimer in infringement?  My thoughts are, there is no role because it is perception and market confusion.  Consumers do not know and do not care about whether a disclaimer is present.  Can anyone say otherwise?  Caselaw?

Regards,

Trademark infringement damages - when do they begin?

Trademark infringement damages - when do they begin?

In Trademark Registration    -  updated on 11/11/2009
Do damages in a federal trademark infringement matter date back to the date the registrant filed the TM app or the date the TM was registered?

Thanks
Please advice if this is a trademark infringement..

Please advice if this is a trademark infringement..

In Trademark Disputes    -  updated on 11/11/2009
I was contacted by a company telling me that I was infringing their federally registered trademark since I own a top-level-domain name which is similar to their trademark.  For example let's say my domain is OneHolyCow.com, and their trademark is "OneHoleeCow" and they own a website "OneHoleeCow.com".

Here is more details: I bought my domain name in 1999, they formed their company more than 5 years later in 2004 and they had their trademark registered ...
Trademark or copyright infringement selling drawing of Coca-Cola bottle?

Trademark or copyright infringement selling drawing of Coca-Cola bottle?

In Famous Marks    -  updated on 11/11/2009
Do I need to worry about trademark and/or copyright infringement if I was to sell copies of my grandfather's sketch of the contour Coca-Cola bottle. My grandfather designed the contour coca-cola bottle in 1915. The sketch which he drew, before producing the first prototypes, is in my possession and to this day has never been seen by the public. I would like to produce copies of the sketch and sell them, but I'm concerned that it might be infringing on the Coca-Cola Company's co...
Trademark Infringement Question

Trademark Infringement Question

In Trademark Disputes    -  updated on 11/11/2009
I have a question about a trademark issue.

If someone has a name Trademarked that contains common words such as this name Paintball Discounters do you think it is possible to use that name like the following.

Smart Parts Paintball Discounters

We have approval from the actual manufacturer who is Smart Parts but the name Paintball Discounters is trademarked as a Retail Store. They have issued a warning to stop using the name Paintball Discounters even though it ...
Trademark infringement?

Trademark infringement?

In Trademark Disputes    -  updated on 11/11/2009
 ???I have a question about a possible trademark infringement I my behalf. I am a new company starting out with a new product. I have a patent attorney who I have used for a few things (but as you all know can get expensive). I decided to trademark the product name myself which I did back in Nov 07 (still waiting for it to reach an examiner). Before I sent in the application I did a search of my name I wanted to use on the tss on the uspto website and used google and ask.com to see if I ...
Potential Trademark Infringement?

Potential Trademark Infringement?

In Trademark Disputes    -  updated on 11/11/2009
I have just received my USPTO Notice of Allowance on my Intent to Use trademark application. I began using the mark in commerce in late September.

Through web searches, I've recently I've started seeing another company using the same name for their business. Their product is different but similar enough in my opinion (mine is a product that can be used for promotional purposes and theirs is a company that sells promotional items).

Here's the issue: They are a Canadian company &...
Fictitious Name Infringement?

Fictitious Name Infringement?

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
Hello. ?

I am a custom software development consultant and have an LLC. ?I also registered a fictitious name (in the state of Ohio) ... Lets call the name "XYZ" ... to use while selling non-custom, mobile handheld software, in order to avoid marketing confusion with my custom business, which is 95+% of my business. ?I registered "XYZ" back in September, setup a website with that name, and have since gone on to sell over 150+ copies of my mobile handheld software in ...
Name infringement

Name infringement

In Trademark Disputes    -  updated on 11/11/2009
I registered with the state, the name of a new business as "Family Dentistry of Someplace."  There is in existence in the city of Someplace, a practice listed in the phone book as "Someplace Family Dental Clinic" or "Someplace Family Dental Group."  With these names, they have a sign posted outside their practice, "Family Dentistry."  They have phoned indicating that I am infringing on their name.  Am I?
Trademark Infringement by Major Corp.

Trademark Infringement by Major Corp.

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
While working at an ad agency a few years ago, I presented a talk show forum idea--which was my idea that was trademarked before I began working at the agency.  I presented it to the client who, at the time, decided to not move forward with the project.  They were well aware of the trademark and all documentation indicates the trademark.  The agency, too, knew of its trademark status.

After a successful reign with the agency, I moved on a year later.

Earlier this ...