|
|
Re: trademark infringement
[ The Intellectual Property Law Server ]
[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ]
Posted by M. Arthur Auslander on September 04, 1999 at 06:25:28:
In Reply to: trademark infringement posted by Maury on September 03, 1999 at 15:21:08:
: Last fall I developed a magazine with the name " City, State Magazine & Visitors Guide." I produced the sales kit, developed sales, produced a 32 page publication (at an initial loss). As i was readying to do a second issue, lo and behold our Chamber of Commerce had hired a publisher to do a magazine called the same "City, State Magazine" with basically the same concepts I used in my first publication. I trademarked the name here and am preparing to go for an injunction. In my research, I am just feeling queasy about my trademark since it appears to be more descriptive. Any (immediate) advice?
: Thank you in advance
Is "City, State Magazine & Visitors Guide" a Federally registered trademark on the Principal Register? If it is you may have a good case. The mark seem descriptive and many not even be "registerable", Federally on the Supplemenatal Register. If it is on the Principal Register you are in good shape. You may still have an audiance. A suggestion for future reference is to pick an available master coined tradmark to dominate the the descriptive words. If the mark were "ZIZZLE City, State Magazine & Visitors Guide", or something coined, the ZIZZLE would be remembered and would be protectable, if a search proved it not used. Concepts are not even protectable with copyrights. If an audience has been captured, it may continue and better flourish with a "good" trademark. There still may be a cause of action for unfair competition in view of the near identity of the other publication name.
If you have a State trademark registration, the outome will depend on State law.
M. Arthur Auslander
E arly L egal A dvice I s N ot E xpensive
ELAINE's Workshop (sm):
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
Follow Ups:
Post a Followup
|
|
