Sunday, August 14, 2011

Will I win or lose this trademark legal battle?

I visited your site and the plaintiff's site. You may win under the rules, depending on whether the other party is a legitimate business, or just domain seating. The actual trademark issue will depend on when it was put into actual commerce by the opposing parties and other facts. To win you must hire a local trademark/copyright attorney who has experience, and be prepared to pay some major $$ defending it. You should also talk with your attorney about securing international trademarks, and additional copyright and/or service mark protection for the image. Many people do not know that you can have both a trademark and a copyright on the same item. You will definitely lose if you quit.

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