Recent content by Comcommittal

What is the name of your state (only U.S. law)? New Hampshire I was involved in a car accident. I filed a claim with the other driver's insurance company and they offered me a settlement placing 80% of the fault on their driver and paying 80% of my damages. My car was declared a total loss...

What is the name of your state (only U.S. law)? New Hampshire I was in a car accident about 40 days ago that rendered my car undriveable. I don't have collision insurance and I filed a claim with the other driver's insurance company. It took until a few days ago for the insurance company to...

What is the name of your state? NH I've done a lot of research on trademark law, and I've read in many places that a junior user who obtains federal registration of a mark that has a senior common law user can then limit the senior user's use of the mark to the geographic area in which they've...

Hey davezan, what do you think of this (make sure it jumps to the "Nationwide Priority" heading. If this information is accurate, it means that in my situation I could use the mark, register it, and even prevent the other business from expanding outside of the local area they operate in now.

Check out this information (make sure it takes you to the "Nationwide Priority" heading). See particularly the "How the Internet may affect nationwide priority" section. Naturally, I can't speak for the accuracy of this information.

You're welcome, just take everything I say with a grain of salt. I'm no expert, and I'm pretty much in the same boat as you. Maybe your best bet is to talk to an attorney familiar with the laws in California. I'm in NH, so I can't help you there. It's tough to find a good attorney. The...

That doesn't even make sense. If that's true, then what is the meaning of Yes, I'm familiar with the domain name issues. My point is that with this type of business, any mention of the company will be accompanied by the domain name, which in my mind is a pretty effective way of...

Please excuse any redundancies from what davezan has posted -- I wrote this before I read his post. I'm not an expert, but based on my research, a) they don't perform a common law search, and b) even if you receive federal registration, it won't trump their common law rights in the areas where...

Yes, that's very relevant. Thank you. I am familiar with all of that information. However, I don't believe trademark law has kept pace with technological progress. Specifically I don't think it accounts for the impact the Internet has had on the way business is conducted. I don't believe...

To be honest with you I have many similar questions myself. However, I'll share the little bit that I've gleaned from all of my trademark research. Someone more knowledgeable, please correct me where I'm wrong. 1) It's my understanding that the trademark examiners only search the federal...

What is the name of your state?What is the name of your state? NH I'm starting a new business in the extremely crowded field of web design / development and related services. I'll be marketing my business nationally via the Internet. I've been struggling for months to create an identity for...

Thank you for your reply. I believe the name is otherwise trademarkeable -- in any case I would verify that it is. I see your point. I wouldn't want to use it if I thought I was likely to be sued, but I guess that's tough to predict. That's good advice, I'll be sure to consult an attorney if...

What is the name of your state? NH What would be the legality of basing a trademark (the name of a real business) on the name of a business found in a copyrighted work of fiction?