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If you believe that another party is infringing upon your copyright and are looking to take action to protect your intellectual property, our Michigan copyright infringement lawyer can help you. Your creations are valuable to you, and copyright infringement can be a frustrating situation to deal with, especially if they harm your intended use of your creation or the profits that you are making off of it. Our dedicated team of lawyers will fight hard to protect your copyright and stop any and all acts of infringement. To learn more about how our team can assist you, contact the Trademark Lawyer Law Firm today to schedule a consultation.
Our Michigan copyright infringement attorney is here to help you throughout the entire process as you seek to bring a stop to infringement. Oftentimes, the first step in addressing copyright infringement is to send a cease and desist letter to the infringing party. Our lawyer will draft and send this letter on your behalf to ensure that it contains all necessary information and language to clearly outline the infringing actions, demand that they cease, and state what will happen if the infringement continues.
If the infringing party ignores the cease and desist letter, it may be necessary to file a lawsuit and take the infringing party to court. Our lawyer will build a case that clearly displays the extent of the infringement and the damage that it has caused to you as the copyright owner. They will assist you with filing a complaint in federal court and navigate the processes of discovery and motions as you seek a favorable resolution. If necessary, they are prepared to take your case to trial and represent you in court.
Defendants may use defenses such as fair use or claiming that the alleged infringement is not “substantially” similar to your original work. An experienced copyright infringement lawyer has experience fighting back against these and other common defenses used by the legal teams of the infringing party, and we will fight hard to prove to the court that infringement has occurred. If the judge or jury rule in your favor, the judge may issue an injunction that mandates that the infringing party cease all infringing actions. In some cases, compensation for your losses may also be awarded.
With how important your works are to you, thorough legal assistance is vital when fighting back against infringement. Our MI copyright infringement lawyer will work hard to protect your rights and your interests as a copyright holder in order to resolve the issue in as efficient and effective a manner as possible. If you have been a victim of copyright infringement, seeking legal assistance as soon as possible can help you reach a timely resolution and limit the damage that you incur. Do not hesitate to seek our assistance today. Contact the Trademark Lawyer Law Firm to schedule a consultation and begin fighting back against copyright infringement.
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights.
A good example of this is disclaiming “café” if your services are for a café.
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry.
In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
Two dates must be specified in a trademark application:
Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade.
Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
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