Protecting Your Brand Integrity
Trademarks and service marks are types of intellectual property that companies use to identify their products and services, and to distinguish themselves from other companies. Trademarks and service marks can be sounds, words, slogans, logos and other designs used in branding that uniquely identify a company's products and/or services.
Trademarks and service marks are governed by federal law, state law and common law, so it is important to have a full clearance search performed by an intellectual property attorney in order to avoid any infringement issues or other disputes. At The Livingston Firm, we have experience handling all types of trademark and service mark issues. From our office in Naples, we represent clients throughout Florida and across the country in these cases.
In general terms, the first person to register a domain name owns it. Under federal law, however, the first user of a trademark or service mark may have superior rights to a domain name. There are a number of ways to go about resolving disputes over domain names, including filing a complaint with the Internet Corporation for Assigned Names and Numbers (ICANN) or through litigation. Our attorneys are ready to help with any issue you may be facing.
Trade dress refers to the physical appearance of a product's packaging and/or business that sets it apart visually and identifies the source of the products and/or services. Elements of trade dress can include images, color schemes, packaging, shapes and building design or atmosphere. Trade dress can be protected under the law if the public associates it with your product. Infringement can occur when confusingly similar trade dress creates an inaccurate assumption of affiliation between your company and another.
Schedule a Consultation With a Naples Intellectual Property Attorney
If you have questions about obtaining or protecting a trademark or service mark, please contact a trademark lawyer from our office today to discuss your case. You can reach us by phone at 1-800-548-4332 (nationwide toll free) or via e-mail. We assist clients nationwide, throughout the state of Florida and throughout Southwest Florida, including Naples, Bonita Springs, Estero, Sarasota, Marco Island and Cape Coral.