Do I have to respect someones trademark infringement claim, if their application is still pending?
Yes. Trademark rights can exist at common law even without a registration. That does not mean that defenses are unavailable -- if true, a term...
Chicago, IL
Copyright infringement Lawyer at Chicago, IL
Practice Areas: Copyright Infringement, Patent Infringement ... +6 more
Yes. Trademark rights can exist at common law even without a registration. That does not mean that defenses are unavailable -- if true, a term...
If you are delivering their product, and if they complain, you defense would be nominal fair use. It would be better to have their permission, but...
There could be all sorts of legal theories regarding "designs" so you need to hire a lawyer and show her or him the letter. It could be one or...
I know a Canadian trademark lawyer who could answer the question specifically regarding Canada. However, as a general rule, both are "common law"...
Merely changing the font or logo would probably make no difference -- although it will depend on the words and how different the impression -- but...
It is a tough one. NFL is aggressive about protecting trademarks and probably has one or more licensing programs in place to control who can use...
If a short phrase is Federally registered as a trademark on the Principal Register it is presumed valid. The standard is whether there is a...
It sounds like you are doing the right things. It might be more of a copyright than trademark issue. Both have fair use defenses, but the elements...
If you use a celebrity's (or anyone else's) name or likeness for commercial purposes without permission you violate their right of publicity. It...
It would be best if you take steps to protect your rights. I expect what you mean by the other company "has trademarked" is that they registered...