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  #1  
Old 06-21-2011, 12:26 PM
kiwilist kiwilist is offline
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What is the internal law brand name policy?

One of the local compnay in US using our brand name as their services, what action we can take on them. Anybody knows about internal law brand name policy.
 
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Old 06-23-2011, 07:24 AM
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MajorTom MajorTom is offline
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Do you have a registered trademark on the brand in the US?
 
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Old 06-23-2011, 02:06 PM
seo9 seo9 is offline
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In the UK, if you haven't registered it (the name or logo) as a trademark then you have no leg to stand on. They can pretty much do what they want (and then register it as a trademark!!).

Sorry.
 
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Old 06-23-2011, 04:17 PM
sydneyseoconsultant sydneyseoconsultant is offline
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Actually there are two avenues you could pursue.

The first is what is called "passing off". If you can show that you have used your brand name for a period of time, and invested in that name, then you have an asset. If another company has copied that asset for the purpose of confusing customers or trading under your name, then they are passing off and it is against trade law.

The second is a design right. You don't have to register copyrights or design rights in order to have them enforced, it just makes it easier if you do. You need to be able to show that they are using a design (protected under copyright) that you have created first.

There are other avenues that you can take too, but these are a little longer and harder to enforce. For instance, if they have copied your name or information from your site, you could get Google/whoever to issue a DMCA takedown.
 
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Old 06-24-2011, 12:44 PM
seo9 seo9 is offline
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Quote:
Originally Posted by sydneyseoconsultant View Post
The second is a design right. You don't have to register copyrights or design rights in order to have them enforced, it just makes it easier if you do. You need to be able to show that they are using a design (protected under copyright) that you have created first.
But this is going to be a lengthy and costly process!
 
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Old 06-27-2011, 03:25 PM
paulkingston paulkingston is offline
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the trade mark registered should be used or they should nit be allowed to do so
 
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Old 07-04-2011, 03:46 AM
IkramMirza IkramMirza is offline
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Quote:
By legal definition, a brand is a trademark, also called a service mark when the brand is associated with a service. Trademarks may be protected by virtue of their original use. Most U.S. trademarks are registered with the federal government through the Patent and Trademark Office of the U.S. Department of Commerce. Federal trademark registration helps to secure protection related to exclusive use, although additional measures may be necessary to achieve complete exclusivity.
Source: http://definitions.uslegal.com/b/bra...d-brand-names/

Last edited by snakeair; 07-04-2011 at 08:29 AM. Reason: add quotes and source
 
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Old 07-05-2011, 09:24 PM
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JakeMoore JakeMoore is offline
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All intellectual property cases are expensive to pursue. The first thing you need to ask yourself is are they really infringing...are people really confused...are they getting my customers because of the name? If not, just move on.

For instance if you run a print shop and an auto repair has a similar name no one is really going to get the two confused.

If there is real confusion or stealing of customers then you need to evaluate how they are using it. If you don't have it registered, perhaps it is their brand name and you are inadvertently using it. The devil is in the details. Some options are as simple as getting their hosting company involved to see if anything can be done...some involve $10000+ to try to enforce.
 
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