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Monthly Archives: January 2019

HOW TO FIND A PATENT ATTORNEY

23 Wednesday Jan 2019

Posted by mshimokaji in patent attorney

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patent attorney

QUESTION: What’s a good strategy to search, find and pick the right attorney for me among hundreds if not thousands of attorneys in LA?
I am looking for a patent attorney to research and file a design patent.

ANSWER: If you cannot obtain a referral to a patent attorney from someone you trust, then do a Google search and review the client reviews. The review may give you insight into which attorney(s) may be a fit. The attorney does not have to be within driving distance of you, since most if not all matters can be handled by phone/email. Then interview the attorney to see if your personalities are a fit. If you cannot get along with the attorney, it will not matter how brilliant the attorney.

USING TRADEMARKS IN SEARCH TAGS

21 Monday Jan 2019

Posted by mshimokaji in Trademark

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trademark application, trademark infringement

QUESTION: Using trademarked words in search tags?
I design and make shirts & totes & other crafts, and sell these on Etsy. I would never use logos or trademarked names in my products or product titles, however, I do have a question about search tags. Etsy allows sellers to tag their items with search terms that are relevant to the item. Is using trademarked terms in search tags permitted? For example: “gift for Porsche drivers” or “onesie” (as both Porsche and onesie are trademarked). Second question – for most of my listings, I have personal stories. Can I mention trademarked words in the stories if it’s clear that the item has nothing to do with that trademark? For example, “My dad is a huge Porsche fan, and drives a bright red 911. I designed this cosy knitted hat in bright red for him to wear to the winter car show…” (It’s Etsy, so stories actually help) I’m a bit confused about this and most of the advice I’ve found is from other sellers, who really don’t seem to know what they’re talking about and provide conflicting answers. Etsy’s advice is simply to avoid copying trademarked or copyrighted images (which should be pretty clear, but if you search “Disney” on Etsy, you’ll quickly find that many people don’t get it…).

ANSWER: Doing so would like constitute trademark infringement.

TRADEMARKS IN FOREIGN COUNTRIES

21 Monday Jan 2019

Posted by mshimokaji in Trademark

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trademark application, trademark infringment

QUESTION: Can I use a trademarked word that’s registered in the UK, but not in the USA? Does that trademark apply to the US at all.
I want to revive a dead community website, I own the domain but upon further research I noticed the word mythros is trademarked in the United Kingdom. However, it’s not trademarked where I live in the USA.

ANSWER: One can have trademark rights without registration. Therefore, a company in the UK may have registered their trademark in the UK but may also have unregistered trademark rights in the US. These unregistered rights may have “priority” over your rights.

 

DOES ETSY STORE NAME OR DOMAIN NAME GET THE TRADEMARK?

13 Sunday Jan 2019

Posted by mshimokaji in Trademark

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trademark applicationtrademark attorney, trademark infringement

QUESTION: I bought a domain, then found there is an Etsy shop with the same name. Does this person have legal claim to the name?
I am in the beginning stages of starting an ecommerce business, came up with a name, and bought the domain. I just found an Etsy shop with the exact same name that has been active for a few years. Does this Etsy shop owner have legal claim to the name enough that it would prevent me from trademarking and moving ahead? Would she be able to sue me or take any legal action against me?

ANSWER: The right to use a trademark goes to the first user of the trademark. Simply registering a domain name does not constitute trademark use. Therefore, the person who has been using the name for his/her Esty store likely has the right to use the name – as between the two of you.

 

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