Trademark breach: I recently launched my website - www.betadvisor.com.au (australian based) I do not own any trademarks on the name. I have now been approached by a company based in paris who operates a website called www.beteadvisor.com - They stated that I am in breach of there business as I have a name closely related to theres. I have done a trademark search and cannot find any trademarks related to the name betadvisor.com
Gerry's answer: Mr. Burdick has generously researched some of the registrations you mentioned and provided you with some preliminary analysis that you should consider. I would add that the transnational character of your matter adds complication, because the law of trademarks is applied and enforced on a local (typically national) basis, whereas the Internet potentially reaches a global constituency. The best advice for you to heed is that, yes this is a serious matter and you would be foolhardy to ignore it or seek to handle it without professional counsel.
How would you buy the registered trademark rights from a tv network?: In March 17, 1997 a tv network called Cartoon Network hosted toonami a live-action hybrid network. Toonami was the registered trademark of Cartoon Network and very profitable with a high fan base. On Saturday September 20, 2008, Cartoon Network ended Toonami. Since there block was canceled and and the operations for it have closed would that title be up for sale. I'm trying to see if the toonami brand name and everything that goes with it is still available for purchase. Could someone buy the and continue the growth of that particular block either online or on another tv channel? What legal action would need to take place, and are there anything else i would need to look into?
Gerry's answer: After a trademark is "abandoned" as a matter of law, the term becomes available to the public, it's up for grabs. A different business can adopt the term and develop its own rights to it. However, whether trademark rights might still subsist in the particular trademark you refer to is a matter that is beyond the scope of public discussion on a message board such as this. This would be actionable legal advice, something to discuss confidentially with your business lawyer having some expertise in trademark law.
If I filed my trademark as intent-to-use-in-commerce now; how long after do I need to file use-in-commerce of new trademark?: If I filed my trademark as intent-to-use-in-commerce now under supplemental trademark; how long after do I need to file use-in-commerce of my new trademark as I think it called "FILE A ยง8 DECLARATION"? And how much is it currently? Thanks in advance for your input!
Gerry's answer: Your question refers to a "supplemental" trademark. However it is not clear whether you are referring to a trademark that was registered on the Supplemental Register of the U.S. Patent and Trademark Office or to something else. If you are asking about a trademark that was deemed by a Trademark Examining Attorney to be descriptive but potentially capable of becoming an indication of source through the development of "secondary meaning," then you might be thinking about the presumption that after 5 years of such actual use in commerce, it would be possible to file a new application to register the trademark on the Principal Register of trademarks. I say so because the time frame is similar to the time frame in which someone would file an Affidavit of Continued Use under Section 8 of the Lanham Trademark Act, and your question mentioned that item. In conclusion, I urge you to consult an attorney with expertise in federal trademark practice so that you can get definitive advice pertinent to your specific situation.