We previously discussed why hiring an experienced trademark lawyer makes a difference in getting your trademark published, but hiring an experienced trademark lawyer can also protect you from a claim of trademark infringement. Use of online bulk legal services, instead of an experienced trademark lawyer, resulted in a claim of trademark infringement for Mr. Freddie Wright.
Mr. Wright hired LegalZoom to handle his trademark registration for his business. LegalZoom performed a text-based search on the United States Patent and Trademark Office (USPTO) website. LegalZoom’s text-based trademark clearance did not reveal that Mr. Wright’s proposed trademark, which features a mouth with a tongue, might be confusingly similar to the iconic Rolling Stones trademark of an open mouth with a tongue hanging out.
In reliance on LegalZoom’s advice, Mr. Wright invested considerable time and money to market his business with his trademark. Shortly after Mr. Wright received notice from the USPTO that his trademark had been published, he was contacted by legal counsel representing the owner of the Rolling Stones trademark with an allegation of trademark infringement. Mr. Wright was shocked, frustrated, and angry to discover that he would either be faced with a lawsuit or be forced to scrap all of the time and money he had invested into his trademark. In the end, Mr. Wright decided rebranding his business would be easier and cheaper than fighting the claim.
Mr. Wright could have avoided this whole ordeal by hiring an experienced trademark lawyer. A trademark search or trademark clearance by an experienced trademark lawyer would have revealed that Mr. Wright’s proposed trademark could expose Mr. Wright to the risk of a claim of trademark infringement under the eight factor test. Mr. Wright thought using online bulk legal services would save him money, but this decision wound up costing him several thousand dollars and countless hours of wasted time and energy.
Avoid placing yourself in the unfortunate position of Mr. Wright. The experienced trademark lawyers at Revision Legal can help save you time, money, and a headache by ensuring that your brand is protected while preventing exposure to claims of trademark infringement.
The answer to this question is complex and nuanced. In the last decade or so, it has become fashionable to insist there is some stark dichotomy between what a trademark is and what a brand is. But the difference is not as stark as some marketers would like you to believe. The traditional definition of […]
Read more about Is a “Trademark” the Same Thing as a “Brand”?
The Circle R and the TM symbols both relate to trademarks and both can be physically placed on products, packaging, advertising materials, websites, etc. The Circle R symbol is an “R” enclosed in a circle (®). While both are trademark-related symbols, there are different eligibility requirements for use, meanings, and implications. Here is a quick […]
Read more about Trademarks: What is the Difference Between the Circle R and TM Symbols?
E-commerce businesses must comply with federal and State-level advertising laws and regulations. This is true of any business. But e-commerce businesses face special challenges because there is a whole array of potential methods of innocently, accidentally, or intentionally violating advertising laws. These include the potential to engage in false and deceptive advertising practices, such as […]
Read more about Is Your E-Commerce Advertising in Compliance With Existing Laws?