Threat of Trademark Infringement?

Hello:

Recently, I have been receiving inquiries regarding threats of trademark infringement. Threats of trademark infringement include:

1. Written or verbal communication by an entity or individual expressing their intent to use a trademark owner's trademark without their permission,

2. Written or verbal communication of an infringer's intent to register or claim ownership of an owner's trademark with the USPTO.

These threats are usually made when the infringer realizes that the trademark owner is using the trademark and has built up a goodwill. However, the trademark owner has not "officially" submitted an application for registration with the USPTO or the state in which the trademark owner is located.

If you are a trademark owner and receive threats of trademark infringement, take the following steps.

1. Hire a trademark attorney to draft a cease and desist letter to the infringer. However, a cease and desist letter is only effective if the infringer has already started to use the trademark.

2. Check the USPTO's database to determine if the infringer has filed an intent to use or an application based on use claiming your trademark.

3. If the infringer has filed an application for your trademark, hire an attorney to file an Opposition to the registration of the trademark with the USPTO.

4. Immediately submit an application for trademark registration with the USPTO. An application based on continuous use can be filed if you have been actively using the trademark in interstate commerce (offering a product or service to the public).

Remember, although a trademark owner may not have obtained federal registration of the trademark, a trademark owner still has priority to use the trademark in their region and natural area of expansion. The USPTO will consider this evidence when granting trademark registration.

I hope this article was helpful. Please contact me via email at lgivens@phillipsgivenslaw.com if you have further questions.

6 Key Points Every Website Privacy Policy Should Contain

Every Social Networking Site, Blog, Website, etc. should have a Privacy Policy. A Privacy Policy can minimize liability for a site owner. For example, it can reduce Invasion of Privacy Claims. When a site is very thorough and transparent regarding whether user's personal information is gathered; how the information is gathered; and whether the site is using third-party applications to get this information, an Invasion of Privacy Claim is severely diminished. An Invasion of Privacy Claim occurs when the site is doing any of the above actions without disclosing these actions to the site user.

In addition, a Privacy Policy also protects users of the website. It gives users information on whether their personal information is being collected and how it is being used. It is then the choice of the site user to further engage or use the site.

When implementing a Privacy Policy, it should contain the following key points:

1. What type of personal information is collected?

2. What type of technology is used to collect information? How the website will use the information collected?

3. Who will receive the personal information collected?

4. Specific measures in place to protect personal information.

5. If the user voluntarily shares their personal information to the public, then their is no expectation of privacy.

6. How one can opt out of their personal information being gathered and/or shared with third parties.

When drafting a Privacy Policy, I recommend hiring a New Media Attorney. Although there are numerous form Privacy Policies on the internet, only a custom privacy policy can specifically address your site's technology and whether you are gathering information and how. Also a custom privacy policy can address whether you are sharing user information with third parties and identify each third party.

Remember one of the keys to running any business whether on the internet or brick and mortar is to minimize liability. Therefore having a Privacy Policy is good business sense.