Re: Re: Domain Grounds For Lawsuit

Subject: Re: Re: Re: Domain Grounds For Lawsuit

Comments:
: : : Hi, : : : A label released a record with my domain name on it without my permission. I have not registered my name with any patent / trademark office. : : : Do I have grounds to sue them? : : : Many thanks : : : Mujab : : Dear Mujab, : : It does not look good to me but I don't have all the legal facts and would not want to go over : : the details in a Forum. : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 3008 Johnson Ave., New York, NY 10463 : : 7185430266, aus@auslander.com : : ELAINE's Workshop® : : E arly L egal A dvice I s N ot E xpensive™ : : Reality Check® : Generally, in Federal Court, registration is a prerequisite to bringing a suit for trademark infringement. The law is clear on this: "in any suit for infringement under this Act by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this Act unless the defendant had actual notice of the registration." 15 USC 1095. : So, I think Auslander is on the money with respect to his opinion. : Why didn't you register your trademark? You should register it in order to protect your intellectual property rights. Don't allow such incidents to occur in the future. The next time something like this happens, you want to have a remedy. : Jamel Oeser-Sweat : Attorney At Law : Copyrights * Trademarks * Patents : 26 East 105th Street : New York, New York 10029 : Phone: (212) 696-6587 : Email: attorney@jamelsweat.com : Internet: http://www.jamelsweat.com

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