Join the 9 million people who found a smarter way to get Expert help

Recent Cease and Desist questions

How much does it cost to answer a relatively straightforward

How much does it cost to answer a relatively straightforward trademark infringement question?JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.Customer: Send me to the page please.JA: Is the trademark federally registered?Customer: Yes.JA: Have you talked to a local attorney? Has anything been filed in court?Customer: No. I received a cease and desist email from a competitor. I have begun USPTO paperwork to Cancel the trademark as it is merely descriptive.JA: Anything else you want the lawyer to know before I connect you?Customer: Statement of Grounds for the Opposition of the Trademark ALL TEMPERATURE SNOWBOARD WAX, Registration #4665012I, Stephen Mark Loudon, owner of Crack Grease Snowboarding, a ski and snowboard wax manufacturer, oppose and petition to cancel the trademark ALL TEMPERATURE SNOWBOARD WAX on the following grounds.1. ALL TEMPERATURE SNOWBOARD WAX is merely a descriptive term widely used by both manufacturers and consumers to describe a ski and/or snowboard wax that is considered to be effective through the full range of snow temperatures. The term ALL TEMPERATURE is similar in its level of distinction to UNLEADED as it refers to gasoline and ALL PURPOSE as it relates to flour. The term ALL TEMPERATURE is similar in its level of description to UNIVERSAL, FULL SPECTRUM and ALL SEASON, descriptive terms also used by both manufacturers and consumers to describe a ski and/or snowboard wax that is considered to be effective through the full range of snow temperatures.2. ALL TEMPERATURE has become generic as evidenced by its wide use by both manufacturers and consumers of ski and snowboard wax. ALL TEMPERATURE is currently and has historically been used to describe a range of ski and snowboard wax products by a majority of manufacturers. ALL TEMPERATURE appears on the packaging of a majority of manufacturers products.3. ALL TEMPERATURE is deceptively misdescriptive because it suggests that the owner of the trademark is the only manufacturer of ski and/or snowboard wax that is considered effective through the full range of snow temperatures. In fact, every ski and/or snowboard wax produced by every manufacturer may be used as an ALL TEMPERATURE ski and/or snowboard wax.4. ALL TEMPERATURE is not inherently distinctive and has not acquired distinctiveness. This term may have been distinct fifty years ago but is widely used by manufacturers and consumers to describe ski and/or snowboard wax that is considered effective through the full spectrum of snow temperatures. A search on amazon.com of “all temperature ski and snowboard wax” will yield pages of products by a variety of manufacturers using the term ALL TEMPERATURE.5. Hertel's ALL TEMPERATURE SKI WAX trademark serial number 86184697 has been abandoned and is listed as DEAD as of February 17, 2016 on the USPTO website. This abandoned trademark is almost identical to ALL TEMPERATURE SNOWBOARD WAX and may have been abandoned because the trademark owner recognized that ALL TEMPERATURE SKI WAX is merely descriptive and not distinctive.6. This opposition and petition to cancel is being filed by Crack Grease Snowboarding but has the support of the following ski and snowboard wax manufacturers:SwixTokoZUMwax

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

111,016 satisfied customers
I have been maintaining a blog that is sent out as a

I have been maintaining a blog that is sent out as a newsletter through my domain that is attached to my US Trademarked brand. The blog and brand name are different, but the blog is used to promote my trademarked brand and services. I also have owned the .com domain name and a common variant of the blog title since 2014, as well as maintaining social media with the same name.I have just received a publicity announcement that a larger organization is going to start using the same title as my blog name for THEIR newsletter, which appears in print and electronically. The nature of our two businesses are exactly the same (a facet of WWII history).I am unsure if this falls under copyright, as my work in the blog is original and contained within my larger, different;y-named business, or if it's a trademark issue.Currently, there is no trademark registered for my blog name or any variant.My question is: Do I have a legal right to tell them to cease and desist now, or do I need to register a trademark or copyright to make this so?

Read more

Alex Reese

Intellectual Property Attorney

JD

4,102 satisfied customers
I have a couple magazines that I publish and it's come to my

I have a couple magazines that I publish and it's come to my attention that once the issue comes out..a couple of companies that produce plaques, etc phone and solicit the people/cars I've featured and try to sell them plaques wit the stories and photos of the magazine on them...isn't that using my copyright protected artwork without my permission...they're making money off something I've producedJA: Do you have a registration record?Customer: sorry, don't know what that isJA: Have you talked to a local attorney? Has anything been filed in court?Customer: No, I'm just trying to determine if what they're doing is illegal..I've talked to a rep from one of the companies and they basically told me to go fly a kite when I asked them to stop doing it....thing is I've been told by the people I've featured that when the company calls them (they actually do 411 searches, etc to find these people I guess because they certainly don't get the contact info from me) they get the idea I'm endorsing/connected with this company..which isn't true.JA: Anything else you want the lawyer to know before I connect you?Customer: I'm in Canada...the companies are in the US..not sure if that matters..I'm just trying to get some info to see if I should bother spending the money to get a lawyer, etc

Read more

nyclawyer

Attorney

Juris Doctor.

38,496 satisfied customers
I own a very popular website with over 200,000 unique

Hello, I own a very popular website with over 200,000 unique visitors a month. The website exposes fraudulent activities and educates the consumers on how these scams work and how to avoid them. On one of my articles about online marketing scams, a reader left a review about a bad experience she had with one of these marketing gurus. Also, a couple of other readers shared that opinion, that the marketer is to be avoided. However, the marketer sent me a Cease and Desist signed by him, not a lawyer), because he has his own name trademarked and said we are infringing his copyright by using his name on our website. He sent me the trademark certificate as well.He threatened me with a lawyer too. As I mentioned, these are comments from people who were not happy with his services - so his name is ***** ***** the article, but in the Comments section. I do not want to remove the comments as this is not fair for the readers who shared their experiences. What should I do? Would this go under fair use? I mean, there is millions of people online complaining official products, and they all have trademarks. Thank you.Thank you. I attached two of the comments referring to his services.

Read more

Ely

Counselor at Law

Juris Doctor

66,218 satisfied customers
Alex, I don't. I had a question about digital copyright and

Hi AlexJA: What written documentation do you have?Customer: I don't. I had a question about digital copyright and fair use.JA: Have you talked to a local attorney? Has anything been filed in court?Customer: No.JA: Anything else you want the lawyer to know before I connect you?Customer: No.

Read more

38,522 satisfied customers
I want to sell jerseys of defunct historic teams. How do

I want to sell jerseys of defunct historic teams. How do copyright laws apply to their logos and uniform designs if the teams no longer exist? Would I have to get this licensed in some way and if so by whom? Also would this apply the same way to a fictional team that appeared in media (for example Bel Air Academy from Fresh Prince of Bel Air)

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

111,016 satisfied customers
I run a blog about people who love vintage clothes. I

Hi, I run a blog about people who love vintage clothes. I photograph them and write about them. About 2,5 years ago I posted a tribute to Josephine Baker. I collected images on-line of her style and fashions and put them in a collage. Two weeks ago I got a cease and desist letter from an attorney in germany because his client was the photographer of one of the images and I had not given him photo credit. I immediately took down the photo and apologized. The letter also stated that I owed €5000 in damages. My question is: what is my legal obligation? I do not have €5000. I do not have $100. I did not use the photo for commercial purposes, nor for personal gain. It was posted on-line at about 2 inches big. I have been communicating with the lawyer and they're willing to lower the damages, but I don't feel like I should pay anything if I didn't sell or promote the photo. I took it down, and am signed the letter, without the paragraph about paying. What should I do?JA: What state is this in? And when did the issue begin?Customer: I am in CaliforniaJA: Have you talked to a local attorney? Has anything been filed in court?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: no

Read more

Ely

Counselor at Law

Juris Doctor

66,218 satisfied customers
We received a cease and desist letter for our company name

We received a cease and desist letter for our company name and domain name. The other company has filed and received recently a federal trademark. We do not have a federal trademark and not sure geographical region applies. I am trying to figure out next steps in terms of response and if we should even fight it based on costs.

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

111,016 satisfied customers
There are several business that exist online: LifeLine,

There are several business that exist online: LifeLine, LifeCall, MedicalAlarm, MedicalAlert, FirstAlert, etc. Can I create a business name with "All American" and combine it to "Medical Alert" as in, "All American Medical Alert" or "All American Medical Alarm"?

Read more

View more intellectual property law questions
In The News