Intellectual Property Law Austin

Dental marketing using someone else’s trademark  January 23, 2011 – 02:46 am
and the Heuristics of Intellectual Property Law; Austin, Graeme W

We at Infinity Dental Web have had several run-ins with some companies alleging trademark infringement by some of our clients. Where these clients have decided to stand their ground, we have prevailed in these disagreements. But to do that, you have to be fairly confident of the strength of your position because the corporate lawyers know how to intimidate. Let’s give some guidelines on how to do this, so that you can handle these situations.

As a background, I spent seven years running a small book publishing company, and there I needed a strong background in intellectual property law. I read a couple of books on the subject by prominent intellectual property law attorneys,  and had two or three courses that I took on this. So I feel that I have a pretty good handle on the legal ramifications of trademark law as it applies to marketing.

The Lanham Act, passed by Congress in 1946 and amended since then, forms the statutory authority behind United States trademark law. It provides for federal registration of trademarks and specifies remedies when a trademark is infringed. Its purpose is to protect a company’s investment in the advertising and promotion of its brand, and the establishment of its reputation.

For example, take the brand Outback Steakhouse. They have a trademarked name and logo. The logo consists of the word “Outback” written in all caps, in a rustic font, with the sketch of a mountain range above it. Below is the word “Steakhouse” written in the same rustic font, in all caps, in smaller letters. Let’s say you open a restaurant, and you decide to call it the “Outback Restaurant.” You may think you are clever, and will cash in on the reputation that Outback Steakhouses has established and lure people into your restaurant. But you may well be found in violation of trademark law, if a judge can be convinced that your name is sufficiently similar to theirs so that prospective customers will confuse your restaurant with the Outback Steakhouse.

Source: Dental Marketing Blog

International Intellectual Property Law and Policy
Book (LEXISNEXIS)

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Thank you part one

Thank you for taking my questions seriously. I appreciate your very "professional" response, including the quotes and the "[sic]" added to avoid any misquotes or errors on your own behalf. I can tell that you are an attorney. I can tell you are an Intellectual Property Atto...p all the lighter elements within and use them for fuel, while the heavier elements near by coalesce and form orbiting bodies. I know that there are anomalies, and I know that not every star system is necessarily like ours, but what I am hoping to find out here is why, specifically, we don’t believe that most stars have a distinct probability of having orbiting planetary bodies.
continued

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