The Intellectual Property Forum

Merely registering a business name does not grant any trademark right to that name, nor mitigate any element of trademark infringement.

That's a bit of an overstatement.  Registering a fictitious name likely shows use, and therefore may indicate common law rights.  Even absent use, the registration may be part of a larger set of circumstances supporting priority. 

- Jeff

If the mark is not being used for goods, what is it being used for?  You're not an advertising agency, so the advertising ID is not appropriate.  Are you sure you have a mark?

- Jeff

Possibly.  You would need to explore the DuPont factors in more detail, including channels of trade and sophistication of consumers.

- Jeff

Ebay has legal contact information listed somewhere.  Search for "DMCA" in their legal documents as a start.  While the DMCA does not apply to trademark matters, it might point you in the right direction for a contact.  Also, in my experience, DMCA style letters on TM matters can be effective.

You should also contact the infringer directly if you are able to locate them.

Finally, you might consider using an attorney to handle this matter for you, as attorneys often get results where individuals acting on their own behalves cannot.

- Jeff

That's a tricky point, one which leads to extended conversations with my clients.  In a nutshell, when budget is tight to the point of supporting only one registration, I analyze the client's use of the composite to assess the value of the composite vs. the wordmark alone.  As part of that analysis, I look at how prominent the wordmark is in the composite.  Ultimately, there is no easy answer (other than find the money to register both forms).

- Jeff

Craigster, before you go planning your retirement on the profits your licensing plan is going to reap, be advised of the following.  While you can protect the artwork of your logo via copyright, copyright does not protect short phrases.  Therefore, your "message" is not protectable beyond the artwork of your actual logo.  In other words, you won't be able to stop anyone from using your special "message".

Good luck to you, though.  Please do report back when you've licensed your first licensee.

- Jeff

You have a federal cause of action under 43(a), but do you have a case?  If your client's geographic use did not extend to Florida prior to that party's first use, you may not have senior rights in Florida.

- Jeff

When you say "downstream users", do you mean infringers?

- Jeff