Trademark law is taking center stage on the Internet. According to Wikipedia:
“A trademark or trade mark or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.A trademark may be designated by the following symbols:™ (for an unregistered trade mark, that is, a mark used to promote or brand goods)℠ (for an unregistered service mark, that is, a mark used to promote or brand services)® (for a registered trademark) A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.
There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound.The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark.
However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States.”
Obviously this can get a bit tricky, and before you run off to begin your next internet venture, consider speaking with an Internet & Intellectual Property Lawyer about your product/service/idea and make sure you do a thorough trademark search before you begin. The time and money you save in avoiding intellectual property infringement lawsuits may be well worth the investment up-front.
Types of trademark issues we handle:
- Trademark search (make sure your new domain name, product name, service name, etc. is not infringing on the trademark rights of others)
- Trademark services for internet artists and musicians (ex. protecting song names, record label names, etc).
- Trademark services for internet photographers that seek to protect their digital images from piracy
- Trademark services for e-authors looking to promote their online books and podcasts
- Federal copyright registration and protection
- Intellectual Property litigation, arbitration, and mediation
- Intellectual property portfolio protection
- Online brand management and brand enforcement
To discuss your trademark or copyright issues / projects contact us at (877) 276-5084.