Bill Hulseys Patent Lawyer is the founder of HULSEY PC and practices in Austin, Texas and Memphis, Tennessee. Bill Hulsey Patent Lawyer established HULSEY PC to apply a highly developed specialty and experience in a broad span of technical fields. Bill Hulsey Patent Lawyer takes great pride in serving emerging growth companies competing in global markets with products and services relating to renewable and sustainable energy technologies, life sciences, electronics, environmental innovations, software, and aerospace technologies.
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Bill Hulsey Patent Lawyer - Intellectual Property - Trademark Basics - Scope of Protection (2017)
1. Intellectual Property Creation &
Management for Emerging Growth
Technology Companies
Trademark Basics:
Scope of Protection
2.
3.
4. Intellectual Property Creation &
Management for Emerging Growth
Technology Companies
Trademark Basics:
Scope of Protection
5. What Rights Does A
Trademark Confer?
Injunction: A trademark owner has the right
to stop competing uses of a mark that are
“likely to cause confusion”:
No exclusive rights to use a mark
Damages:
Defendant’s Profits
Plaintiff’s Actual Damages
Statutory Damages in Counterfeit Actions
Attorney’s Fees in Exceptional Cases
6. Strength of a Mark
Strong trademarks are easier to register and
protect
Four categories represent spectrum of
strength:
Arbitrary, fanciful, or coined
Suggestive
To avoid conflict with existing marks,
trademark search prior to mark adoption is
importa
7. Domain Names
Internet address -- abc.com:
Obtained from Registrar such as Verisign for
nominal fee (www.nsi.com)
Typically use Company trade name
Registration of trade name with a Secretary
of State's Office:
Does not mean the name is yours
Others can challenge use under TM law
8. Domain Names
Avoid Unpleasant Surprises/Legal Fees:
Search your desired trade name/domain name
Do not pick a domain name if someone else owns the
TM registration
Very likely to be challenged
Obtain TM registration(s) for main part of domain
name (abc of abc.com):
Helps protect domain name if challenged
9. Trademark Issues
Unique to the Internet
The Internet presents several interesting issues
to a trademark owner; two of the most
interesting are:
Domain Names
Keywords
10. Domain Names
A domain name is an alpha numeric string of
characters that enables web browsing
software to find the address of a particular
web server.
www.semizone.com
11. Domain Name Levels
Domain names typically have two levels – the
top level domain is generic – the well-
known .com for example, as well as .org, .net,
.edu, .gov, .biz, and a few others.
The second level – the portion before the
“dot” – is the interesting part and presents
opportunities for marketing, as well as
potential IP issues.