Content
Tarnishment occurs when the mark is cast in an unflattering light, typically through its association with inferior or unseemly products or services. So, for example, in a recent case, ToysRUs successfully brought a tarnishment claim against adultsrus.com, a pornographic web-site. A service mark is a brand name or logo that identifies the provider of a service. A service mark may consist of a word, phrase, symbol, design, or some combination of these elements.
His experience as a lawyer involving complex matters has resulted in a long history of success. Jeff has built a practice based on a deep understanding of real estate assets and corporate activities. He combines his industry knowledge with a practical and collaborative approach to problem solving. Jeff’s client relationships are strong because they are built on mutual respect. Trademark Examples Jeff talks the language of real estate and understands that it is a vehicle to deliver your business strategy. The firm represents clients in matters concerning construction, lending, developers, contractors and subcontractors, cell site leasing, property and boundary disputes, common interest community law, and residential condominiums and planned communities.
Business/Company name is not a trademark
Investopedia requires writers to use primary sources to support their work. These include white papers, government data, original reporting, and interviews with industry experts. We also reference https://business-accounting.net/ original research from other reputable publishers where appropriate. You can learn more about the standards we follow in producing accurate, unbiased content in oureditorial policy.
- Jeff talks the language of real estate and understands that it is a vehicle to deliver your business strategy.
- A “service” is something intangible provided for the benefit of another party.
- Using certifying verbiage or designs without having met the issuing organization’s standards will typically constitute fraud.
- Oprah Winfrey and Harpo Studios’ use of the term “Own Your Power” was not fair use of the registered service mark OWN YOUR POWER.
- “This was an easy way to find an attorney to help me with a contract quickly. It was easy to work with Contracts Counsel to submit a bid and compare the lawyers on their experience and cost. I ended up finding someone who was a great fit for what I needed.”
- Unlike use of a mark in commerce, registration of a mark with the PTO gives a party the right to use the mark nationwide, even if actual sales are limited to only a limited area.
If that is the case, then the prior user of the mark retains the right to use that mark within that geographic area; the party registering the mark gets the right to use it everywhere else. So, for example, if I register the mark “Broadway” in connection with the sale of pizza, the existing “Broadway Pizza” in Boston retains the right to use the name in Boston, but I get the right to use it everywhere else. A service mark search is when a business owner conducts a search to determine whether or not the service mark that they plan to use is already in use. One service mark infringement case deals with the famous logo of American multinational company, 3M. 3M’s famous logo was emulated by Chinese company Changzhou Huawei Advanced Material Co Ltd, 3N, which clearly had a similar name and created the exact same logo.
Contact an Attorney
In one case, the owners of the mark “Slickcraft” used the mark in connection with the sale of boats used for general family recreation. They brought an infringement action against a company that used the mark “Sleekcraft” in connection with the sale of high-speed performance boats.
I have also taken coursework focused on the GDPR through the London School of Economics. I am well acquainted with information security best practices and I have experience developing and implementing administrative controls for classified information and PII. I have worked extensively overseas and I am comfortable integrating with remote teams. Feel free to reach out any time if you have any additional questions on my areas of expertise or professional background. Post a projectin ContractsCounsel’s marketplace to get free bids from lawyers in our network. All lawyers have been vetted by our team and peer reviewed by our customers for you to review before hiring.