Trademark law governs the protection of names, logos and other signifiers by which goods or services are recognized in commerce. The rightsholder of a trademark, service mark or trade dress may seek remedies against others who use marks that are likely to cause confusion. Owners of a famous mark is may also seek remedies against a party that dilutes the value of their brand. Our trademark law practice advises on a broad range of trademark issues. We consult with business on finding optimal marks and the registration of the marks and conduct litigation, when it is the appropriate course of action. Our trademark law practice also advises on cybersquatting, typesquatting and other domain disputes.
Trademark and service mark registration
Distinctive names and logos receive broad protection if they are inherently distinctive or develop distinctiveness through use in commerce and advertising. Our law firm will consult with clients on finding an optimal mark that is both attractive business investment, merits inherently strong protection, and minimizes risks of conflicts with third-parties. Our law firm will register marks with United States Patent and Trademark Office and prosecute marks in front of the Trademark Trial and Appellate Board if it is required.
Cybersquatting, typesquatting and domain name disputes
Our law firm advises companies and individuals on cybersquatting, typesquatting and other domain name disputes. The Internet Corporation for Assigned Names and Numbers (ICANN) has established a process for the resolution of disputes over domain names, the Uniform Domain-Name Dispute Resolution Policy (UDRP). In situations where an opposing party has committed an abusive registration, such as cybersquatting or typesquatting, our law firm submits complaints to one of ICANN’s approved dispute resolution service provers. These dispute resolutions vendors offer an expedited, cost-effective system for addressing abusive registrations. A typical proceeding takes about two months.
The UDRP applies to many global top-level domains, including .aero, .biz, .com, .coop, .info, .museum, .name, .net and .org, and to a group of country-code top-level domains. If a party is successful in a UDRP Proceeding they may be awarded a cancellation or a transfer of an infringing domain name.
Some products have distinctive shapes that identify the goods in commerce. Trade dress protects these non-functional product features that signify the identity of a good. An example of trade dress protection is the Coca-Cola bottle and the Healthy Choice dining tray.
Trade dress must be distinctive for a rights holder to obtain protection under the Lanham Act or registration on the principal register. Trade dress is a flavor of trademark protection, and a rightsholder of trade dress protection may seek the same remedies against an infringing third-party that are available to the rightsholder of a trademark. Our law firm advises companies on brand management and how to obtain trade dress protection and registration.