QUESTION
What can be done if artwork being used without permission? How?
Asked on Jul 06th, 2015 on Patents - Utah
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.
3 ANSWERS
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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You will need to hire a lawyer who specializes in copyright and trademark law.
Answered on Jul 14th, 2015 at 12:02 PM
First check the other company's trademark registration to make sure it includes the artwork. If it does, send a "cease and desist" letter to the other company explaining that you own the artwork on its mark and that you have not given permission for it to use the artwork. Insist that it stop using the mark immediately. Then send a notice to the USPTO stating that you own the copyright to the drawing and that the other company used the artwork without your permission; ask that the registration be cancelled. You'll need to provide evidence of these facts. Third, if you are still using the artwork and the name "Samurai Precision Burs" for your own company, contact the USPTO and ask how you can get them to reopen your application for the mark.
Answered on Jul 07th, 2015 at 2:05 AM
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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It sounds like they may be in violation of the copyright rights of whomever created the graphical representation.
Answered on Jul 06th, 2015 at 5:17 PM