The question "Can I be sued" is usually "yes." Sometimes lawsuits are filed despite a small chance of prevailing on the merits. The questions...

If a company has an issue with someone possibly using their trademark, would they not first send a cease and desist letter first

There can be a number of strategic reasons why a trademark owner may choose to file suit prior to sending a cease and desist letter. For example,...

Internet entrepreneur looking for advice on picking a domain name

One of the best ways to help avoid a lawsuit is to pick domain names that have nothing whatsoever to do with any other company, especially...

If a slogan is distinctive and not confusingly similar to other slogans, and if the slogan is used to indicate the source of the goods (e.g. the...

If a famous friend.....

If you are filing suit it is extremely important that you hire an attorney. Your attorney will be in the best position to evaluate the possibility...

I want to use a name for a candle product i developed, but the name is trademarked by another company who uses it for electric

Even if you might eventually prevail if you are sued for infringement (which depends on many factors which cannot be evaluated given the limited...

Even basic elements such as lines, circles, other basic geometric shapes, and other simple designs are potentially "trademarkable," especially in...

Even in cases where there might be some legitimate argument/justification for claiming that use of a mark would not result in any confusion, there...