Draeke Henry Weseman’s Answers

Draeke Henry Weseman

Minneapolis Trademark Application Attorney.

Contributor Level 5
  1. Do I need a lawyer to help me with a trademark application? If so, how much would be a fair charge for the legal services?

    Answered almost 2 years ago.

    1. Michael Charles Doland
    2. Clark AD Wilson
    3. Ivan Jose Parron
    4. James Juo
    5. Frank A. Natoli
    6. ···
    10 lawyer answers

    Based on the information you've provided, you have completed what is generally called a "knock-out" search: a trademark search for exact matches in the USPTO database. This is a good start, but much more should be done before you file. In addition to a knock-out search, you should search for phonetic equivalents and other spelling variations through a Boolean search. You should then search via Google, search other state trademark databases, and search social media sites like Twitter and...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Trademarks: Can the same logo be used twice for different things if they have the same owner?

    Answered about 1 year ago.

    1. Alan N Walter
    2. Draeke Henry Weseman
    3. Dana P. Shaffner
    4. Bruce E. Burdick
    5. Kara K Martin
    5 lawyer answers

    By definition a trademark indicates the source, origin, affiliation, connection, association, sponsorship, or approval of goods and services. So, in your example, using the same "Lightning" trademark for the sporting goods store and the skating rink simply tells consumers that the source is the same for both services (or there is some relationship between the sources of the two services.)

    5 lawyers agreed with this answer

  3. Trademark for business: do I need to register one class or two?

    Answered 7 months ago.

    1. Michael Charles Doland
    2. Daniel Nathan Ballard
    3. Draeke Henry Weseman
    4. Mark Andrew Nieds
    4 lawyer answers

    Great question - the smartest thing to do here is to consult with a trademark lawyer. What you are asking about is a common situation, but it's more nuanced than you might expect. There may be additional issues you have overlooked. However, to give you a general answer that is not specific to your situation, you would typically clear a mark in all of the classes of goods and services that relate to your business. Then, if the mark appears to be available, you would typically apply to...

    4 lawyers agreed with this answer

  4. Does a person who was added onto a MN LLC Registration as an organizer, but is not a member, have any legal rights or claims?

    Answered 5 months ago.

    1. Draeke Henry Weseman
    2. Shelley Ann Elder
    3. Mark M. Oxford
    3 lawyer answers

    Minnesota limited liability companies are governed by Minnesota Statute 322B. If you intend to resolve this issue without an attorney, you may want to look at the potentially relevant provisions that concern organizers, for example 322B.60. You may also want to look at provisions affecting amendments to the articles of organization, for example 322B.14 and 322B.145. A website like Avvo may help you find an attorney and get general advice about business law, but you should not expect a...

    2 lawyers agreed with this answer

  5. My website and logo were copied. I do not have a trademark on the name (and cannot get one). How am I protected?

    Answered 5 months ago.

    1. Dana Whitney Atchley
    2. Frank A. Natoli
    3. Bruce E. Burdick
    4. Draeke Henry Weseman
    5. Maurice N Ross
    5 lawyer answers

    You may have common law rights to your name, logo, and trade dress despite the overlap with the large company and your lack of a federal trademark registration. However, a good attorney will need to confidentally discuss your case with you before providing you with any meaningful advice. Avvo may help you find an appropriately experienced attorney and get some general advice about intellectual property law, but your specific situation is too complicated to be resolved here. Good luck.

    3 lawyers agreed with this answer

  6. Can I buy a trademarked domain if it's available and I'm using to link their own stuff?

    Answered 5 months ago.

    1. Eric Allen Kelly
    2. Draeke Henry Weseman
    3. Philip Marcus Bierman
    4. Andrew Mark Jaffe
    4 lawyer answers

    If you are interested in seeing how one court has resolved issues similar to the issues presented in your question, read the Ninth Circuit Court of Appeal's decision in Toyota Motor Sales, U.S.A., Inc. v. Farzad Tabari, et al., No. 07-55344 (9th Cir. July 8, 2010), linked here: http://law.justia.com/cases/federal/appellate-courts/ca9/07-55344/07-55344-2011-02-25.html. The most important thing to note about the decision is that the court's opinion considered multiple factors, not just the...

    3 lawyers agreed with this answer

  7. Can you copyright/patent/trademark the use of an anchor as a bracelet clasp?

    Answered 5 months ago.

    1. Elizabeth Swanson
    2. Draeke Henry Weseman
    3. Malavika P Sahai
    4. Lisa Jean Borodkin
    5. Bruce E. Burdick
    5 lawyer answers

    Kiel James Patrick may have intellectual property rights that protect a clasp shaped like an anchor. However, some companies overreach in the enforcement of their intellectual property. A good attorney will review the correspondences you have received from KJP and evaluate the claims they are making against you. A website like Avvo may help you find an attorney and get general advice about intellectual property law, but you should not expect a specific answer based on the limited information...

    3 lawyers agreed with this answer

  8. Trademark registration abuse - what can I do about it?

    Answered almost 2 years ago.

    1. Daniel Nathan Ballard
    2. Maurice N Ross
    3. Gene Bolmarcich
    4. Draeke Henry Weseman
    4 lawyer answers

    You should talk with a trademark attorney. Even though you've done a nice job expressing the nature of your problem, trademark law is highly fact-dependent and a trademark attorney will need to ask you some follow-up questions, investigate and review the filings you mention, and consider available strategies in relation to your business goals and budget for legal services.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. What international class for trademark filing purposes is the services of a sports agent?

    Answered 5 months ago.

    1. Bruce E. Burdick
    2. Daniel Mark Levine
    3. Draeke Henry Weseman
    4. Frank A. Natoli
    5. Irene Y Lee
    5 lawyer answers

    International Class 035. Also consider using a goods and services description from the Trademark ID Manual, accessible here: http://tess2.uspto.gov/netahtml/tidm.html. Doing so, if appropriate, may save you $50 in the application fee and some time. For example, the Trademark ID Manual includes the following descriptions: "Talent management services for {specify individuals or groups, e.g., actors, models, musicians, etc.}" and "Business management of sports people." These descriptions may...

    2 lawyers agreed with this answer

  10. Do I need to register for an Assumed Name if my website is different from my LLC name?

    Answered 5 months ago.

    1. Alan Baker
    2. Draeke Henry Weseman
    2 lawyer answers

    Assumed names in Minnesota are governed by Minnesota Statute 333. If you intend to resolve these issues without an attorney, you may want to review the potentially relevant provisions that concern assumed names, for example 322.01. Note that there are procedural requirements that must be followed to properly register an assumed name. Various resources for self-help exist if you do not want to hire an attorney. Avvo may help you find an attorney and get general advice about business law, but...