QUESTION
What can be done if artwork being used without permission?
Asked on Jan 12th, 2011 on Patents - New York
More details to this question:
We applied for a trademark a few years back on the name Samurai Precision Burs. We got it - but did not know that another form had to be filed saying that we were actually using the name. Another company took our name - because we did not file the additional paperwork. Upon perusing their website - we noticed that they are using our artwork as well.....without permission. By this I mean - instead of an actual picture of the "Samurai Precision Bur" we used a graphical representation of the bur. On the representation it had "SP-48". This has nothing to do with the trademark....it was my husbands initials and his age at the time. We had a person design this for us. Also the way the name was laid out - was designed by me. They are using this as well. Is this legal? If not what should be done. Thank you in advance for your kind assistance with this matter.
2 ANSWERS
Complicated issue but you can sue and can stop them from using the trademark as well. If you are interested call me (mark Hubert) at 503 234 7711 and we can discuss further.
Answered on Jan 14th, 2011 at 5:58 PM
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Even though your registration has lapsed because you did not file proof of use, you probably still have very substantial trademark rights. Likewise, it appears that the other company is using photographs of your product to sell their product. This is also a violation of the Lanham Act, and is a relatively easy claim to make. You probably also have a copyright claim for use of your pictures.All in all, it looks like these people have put themselves in quite a vulnerable position. However, keep in mind that you need to act promptly otherwise a court may discount your claim.
Answered on Jan 13th, 2011 at 10:13 AM