Do you lose benefits under the copyright law under in the following situation?
If you don't have registration before infringement or within 3 months of publication you lose statutory damages and attorneys fees.
Chicago, IL
Copyright infringement Lawyer at Chicago, IL
Practice Areas: Copyright Infringement, Patent Infringement ... +6 more
If you don't have registration before infringement or within 3 months of publication you lose statutory damages and attorneys fees.
It's going to be tough. Trademarks are used in commerce to identify the source of goods, service marks are used in commerce to identify the source...
Avvo is not the place to get advice about specific facts. Retain a lawyer and get a confidential opinion. You don't really want a public post...
If their priority date is after March 16, 2013 and you have been selling your product before their priority date then it sounds like you should...
If there's time, the mark is distinctive and no one else has a Federal registration, consider getting your own registration. You may want to take...
It depends on what it says. It will also depend on what state's law applies. Wisconsin is harder on non-competes than some states. There is also...
It depends on who "advised" you. If it was an Examining Attorney at the Trademark Office then he or she will likely be receptive to, and may even...
Can they "claim" trademark rights? Yes. However, if the claimed trademark is the look of the product itself, there is some doubt about validity...
First sale and/or trademark exhaustion permit you to resell authentic goods. Don't say more than you need to accurately identify the goods.
It's fairly universal that in order to sue you must have suffered actual injury. Articulate what monetary value you lost and see.