Comments on: Trademarks 101: How to protect your good name http://smallbusiness.blogs.cnnmoney.cnn.com/2009/05/13/trademarks-101-how-to-protect-your-good-name/ Editors from FSB magazine answer your pressing small-business questions. Tue, 15 Dec 2009 12:52:55 +0000 http://wordpress.com/ hourly 1 By: Piermont, New York http://smallbusiness.blogs.cnnmoney.cnn.com/2009/05/13/trademarks-101-how-to-protect-your-good-name/#comment-1880 Piermont, New York Wed, 01 Jul 2009 03:08:38 +0000 http://askfsb.blogs.fsb.cnn.com/?p=1031#comment-1880 We had legally trademarked a logo for a newsletter as well as copyrighted its contents. Then several years ago it came to our attention that a company had not only picked up our logo for use in their newsletter but the copyrighted text as well. We hired a law firm that specialized in trademark and copyright infringement. We "won" the case but wound up paying $5,000 in legal fees than we collected from the trademark and copyright violator in damages. Not sure what that right answer would have been. in this case. Ron www.start-a-business-faq.com We had legally trademarked a logo for a newsletter as well as copyrighted its contents. Then several years ago it came to our attention that a company had not only picked up our logo for use in their newsletter but the copyrighted text as well. We hired a law firm that specialized in trademark and copyright infringement. We "won" the case but wound up paying $5,000 in legal fees than we collected from the trademark and copyright violator in damages. Not sure what that right answer would have been. in this case.

Ron http://www.start-a-business-faq.com

]]> By: Pete Glennon, Greenville, SC http://smallbusiness.blogs.cnnmoney.cnn.com/2009/05/13/trademarks-101-how-to-protect-your-good-name/#comment-1766 Pete Glennon, Greenville, SC Sun, 17 May 2009 23:47:51 +0000 http://askfsb.blogs.fsb.cnn.com/?p=1031#comment-1766 I have had patents and registered trademarks over the years. They work. But it can be expensive if someone wants to push you around. For example, we have a trademark infringement issue now with another company that tried to trademark our name but were turned down by the trademark office because we the other company was in the same business as us and "the chances of confusion were too great". We didn't know this had happened; it was 2 years ago. Recently we were using a popular search engine to see who popped up when we typed our name and found this company was using our trademark. We've been in contact with them and they appear to be playing games. They are forcing me to get serious and file a legal complaint, which costs money. But I am going to do it anyway even if it means I must file a law suit in their state. My attorney says that because it can be proved that they knowingly used the name that damages and legal fees may be collected as well. But then again, maybe not. It's the price you have to be ready to pay. In our case, we are using the name as a big part of the branding we use on everything we sell. We cannot afford for someone to steal it. I have had patents and registered trademarks over the years. They work. But it can be expensive if someone wants to push you around. For example, we have a trademark infringement issue now with another company that tried to trademark our name but were turned down by the trademark office because we the other company was in the same business as us and "the chances of confusion were too great". We didn't know this had happened; it was 2 years ago. Recently we were using a popular search engine to see who popped up when we typed our name and found this company was using our trademark. We've been in contact with them and they appear to be playing games. They are forcing me to get serious and file a legal complaint, which costs money. But I am going to do it anyway even if it means I must file a law suit in their state. My attorney says that because it can be proved that they knowingly used the name that damages and legal fees may be collected as well. But then again, maybe not. It's the price you have to be ready to pay. In our case, we are using the name as a big part of the branding we use on everything we sell. We cannot afford for someone to steal it.

]]> By: Daniel, Lexington, Kentucky http://smallbusiness.blogs.cnnmoney.cnn.com/2009/05/13/trademarks-101-how-to-protect-your-good-name/#comment-1765 Daniel, Lexington, Kentucky Fri, 15 May 2009 17:06:49 +0000 http://askfsb.blogs.fsb.cnn.com/?p=1031#comment-1765 If you are a small company you might think that you don't need to file a trademark. You might wish you had. I run a webhosting company and a client of ours registered a domain name and built their business around that name for 5 years. Then a large company trademarked the name for a different use and different industry. The large company filed a “Uniform Domain Name Dispute Resolution Policy” to win the name back. The large company won the name and my client had to turn it over. Plus it cost them about 11,000 in legal fees. The large company claim was based around the fact largely that they had a trademark on the term -- never mind that it was a different industry. Daniel, <a href="www.cssi.us" rel="nofollow">www.cssi.us</a> If you are a small company you might think that you don't need to file a trademark. You might wish you had.

I run a webhosting company and a client of ours registered a domain name and built their business around that name for 5 years. Then a large company trademarked the name for a different use and different industry. The large company filed a “Uniform Domain Name Dispute Resolution Policy” to win the name back. The large company won the name and my client had to turn it over. Plus it cost them about 11,000 in legal fees.

The large company claim was based around the fact largely that they had a trademark on the term — never mind that it was a different industry.

Daniel, http://www.cssi.us

]]> By: scowley http://smallbusiness.blogs.cnnmoney.cnn.com/2009/05/13/trademarks-101-how-to-protect-your-good-name/#comment-1762 scowley Wed, 13 May 2009 18:09:22 +0000 http://askfsb.blogs.fsb.cnn.com/?p=1031#comment-1762 Sorry, that was our error on the copyright length. We've updated the text to say 70 years. -Stacy, CNNMoney.com Sorry, that was our error on the copyright length. We've updated the text to say 70 years.

-Stacy, CNNMoney.com

]]> By: Marietta, GA http://smallbusiness.blogs.cnnmoney.cnn.com/2009/05/13/trademarks-101-how-to-protect-your-good-name/#comment-1761 Marietta, GA Wed, 13 May 2009 17:48:30 +0000 http://askfsb.blogs.fsb.cnn.com/?p=1031#comment-1761 Isnt a copyright good for "70" years after the author's death? not 7 years. Isnt a copyright good for "70" years after the author's death? not 7 years.

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