Ian Donald Titley’s Answers

Ian Donald Titley

Richmond Trademark Application Attorney.

Contributor Level 9
  1. What are the consequences for trademark infringement? I own a registered trademark and a major company is using it.

    Answered almost 4 years ago.

    1. Ian Donald Titley
    2. Daniel Nathan Ballard
    3. Francine Denise Ward
    4. Steven M. Shape
    4 lawyer answers

    Another point to consider in addition to the answers already listed is how the major company is using your trademark. Delta Airlines and Delta Faucets both use the word "Delta" but they are not infringing because no one will be confused that the airline and the faucet company are the same. There are no consequences unless there is infringement, and Infringement only occurs if there is likely to be confusion.

  2. On a trademark application, am I supposed to declare when the first use in commerce is?

    Answered over 3 years ago.

    1. Maurice N Ross
    2. Ian Donald Titley
    3. Pamela Koslyn
    4. Michael Anthony DiNardo
    4 lawyer answers

    You don't add this to the trademark certificate, but make sure you keep good records of your first and continuing use of the mark. If you ever get involved in an infringement proceeding you will need to prove your use - even though you did not need such proof to get the mark registered.

    1 person marked this answer as helpful

  3. Can I post action photos that I have taken at a Major League Baseball game on my website or blog? Does this violate any laws?

    Answered over 3 years ago.

    1. Pamela Koslyn
    2. Ian Donald Titley
    3. Daniel Nathan Ballard
    3 lawyer answers

    MLB players get paid A LOT of money to consent to using their photos in connection with various products and services, and the companies that pay this money don't want others to use the images for free. This is why typical youth baseball instructional materials use photos or videos of youth players and no-name uniforms. Good luck Coach!

    1 person marked this answer as helpful

  4. Should I trademark my company name if someone else started using it online?

    Answered almost 4 years ago.

    1. Pamela Koslyn
    2. Ian Donald Titley
    3. Kevin Brendan Murphy
    3 lawyer answers

    Each state has its own traedmark laws so you should check with a Massachusetts attorney. Generally you do not have to get a trademark registration before you demand that someone stop using your name, but if you have the registration it can make your job easier. If you don't get the registration the other party might apply for it once they receive your demand. The owner of the trademark registration usually gets the benefit of the doubt, and the non-owner has to prove that they have superior...

    1 person marked this answer as helpful

  5. If I take a picture, and it contains a company image can I use it as the cover for an e-book?

    Answered over 3 years ago.

    1. Pamela Koslyn
    2. John Robert Crossan
    3. Ian Donald Titley
    4. Maurice N Ross
    4 lawyer answers

    Trademark law protects against consumer confusion. In this case if Nike thinks the proposed use could lead someone to believe Nike is affiliated with the book, is a sponsor of it, or in some way has authorized the use of their logo in connection with the book, then Nike would be able to state a claim. You can advertise that you are selling your Ford because no one will confuse you with Ford Motors. The book situation does not seem as clear. Providing this information does not create...

  6. Domain name and trademark

    Answered over 3 years ago.

    1. Maurice N Ross
    2. Pamela Koslyn
    3. Ian Donald Titley
    4. John Robert Crossan
    4 lawyer answers

    No your trademark is not automatically abandoned. You could still use the trademark without using the domain name. If the buyer is using the domain name for a completley unrelated business (eg Delta Airlines and Delta Faucets) your trademark and their use of the domain name could co-exist. You will need to think through whether the co-existence might be likely to confuse any customers or porential customers. If so then one side or the other may have liability for infringment. You will...

  7. I am making a short film to be entered into film festivals. Can I film a character playing a video game?

    Answered over 3 years ago.

    1. Pamela Koslyn
    2. Ian Donald Titley
    3. Mario Sergio Golab
    3 lawyer answers

    Whether a use is commercial does not determine whether a copyright infringement occurs. The commercial nature of a use may impact the amount of damages that are assessed but an infringement does not become non-infringing because it is non-commercial. Providing this information does not create an attorney-client relationship.

  8. Pertaining to US Trademarks

    Answered over 3 years ago.

    1. Pamela Koslyn
    2. Ian Donald Titley
    3. John Robert Crossan
    4. Mario Sergio Golab
    4 lawyer answers

    Trademark rights arise from using a trademark not just from registering the mark - so if you are able to get a trademark registration that alone will not protect you from the other use you've described. In the trademark law infringement occurs when there is a "likelihood of confusion," which means it is likely people will be confused about whether there might be some type of connection between the two users - such as a sponsorship, a licensing arrangement, or whether they are related...

  9. Federal Offense?

    Answered over 3 years ago.

    1. Deborah Gonzalez
    2. Ian Donald Titley
    2 lawyer answers

    The basic concept of a video that makes fun of certain types of people is protected free speech - but you could violate laws depending on how you implement the concept. Using images of people without their consent, or using someone else's film without consent are examples of how you could get in trouble. If something bad happens you can expect law enforcement to try to find a violation. This is what happened last fall when two students were charged with invading the privacy of another...

  10. Can a website be sued for false information ?

    Answered almost 4 years ago.

    1. Alan James Brinkmeier
    2. Deborah Gonzalez
    3. Ian Donald Titley
    3 lawyer answers

    Yes the company or person who runs the website could be sued if the information causes harm or somehow damages another person or business. Some things to think about include: Are the harmful statements opinions (which might be protected as free speech) or statements of facts that are provably wrong? Who is bringing the lawsuit? Not everyone can sue for a false statement. A consumer sued Hostess claiming their "zero grams of trans fat" statement on certain cupcakes was false - but the court...