Nebraska Intellectual Property Legal Questions

Dear NE   I am sorry to hear that you have been accused of trademark infringment and counterfeiting.  Please understand that both of those causes of action are very serious and can be expensive if a judgement is found against you.   Please do not ignore the matter as that is likely the most detrimental position.  I would consult counsel and create a plan to defend your position in a cost-effective manner.  I wish you the best of luck.    Sincerely Andrew... Read More

A trademark is a word, image, sound, appearance, etc. that conveys to a consumer that certain goods/services come from the same source. If you go into a McDonald's, you know what you are getting. If you buy a Chevy, you know what you are getting. To register a trademark, you must use the trademark in conjunction with the sale of goods/services. A domain is an electronic location on the World Wide Web. Owning a trademark does not give you rights to a domain. Owning a domain does not give you rights to a trademark. It is highly unlikely that you could: 1) register the trademark by December (US trademark practice normally requires a minimum of 10 months to complete registration and will not complete any earlier than 3 months after you first use the trademark with the sale of goods); and 2) stop the sale of a domain based on a very recently registered trademark. When domains were emerging 15 years ago, cybersquatters would buy up domains and try to ransom them to trademark owners. The law adapted and allowed trademark owners to force the transfer of the domains if the purchaser acquired the domain in bad faith (i.e., for the purpose of cybersquatting). Bad faith required some showing that they acquired the domain for the primary purpose of gaining economic advantage over the trademark owner. In your example, it seems highly unlikely the auction winner would be found to have made the purchase to try to gain an unfair economic advantage over you. Those laws that were prominent ten years ago are rarely used today because trademark owners, by and large, have caught on to the need to maintain their domain names. You can file for trademark protection now, but you'd probably be better off making sure you prevail in the auction first.   Good luck... Read More

As a general matter, the engagement ring is deemed a conditional gift to the bride that becomes complete (or unconditional) upon the parties' marriage. While the argument can be made that you have been "wronged," the judicial system believes that the world is a better place if engagements are called off, rather than have unhappy people marry and then divorce. At some point, courts looked at the "fault" of the groom in breaking off the marriage to determine whether the bride must return gifts in contemplation of marriage. The modern view is that the failure of the engagement should be viewed on a no-fault basis. That is, regardless of the reason for the breakup, the engagement ring goes back to the donor. Your mileage may vary. If in doubt, see an attorney in your state. This is not legal advice.... Read More