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Home / Articles Posted by Omid Khalifeh ( - Page 16)

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What is a trademark notice of publication?

Trademark Notice of Publication

Trademark Notice of Publication

The process of registering a trademark is complex and rife with potential opposition and roadblocks. While a Notice of Publication is a promising step in registering your trademark, third parties have the opportunity to contest your mark, which may prevent registration.      Once a trademark application is drafted and filed with the United States Patent and Trademark Office (USPTO), the application is examined by a trademark examining attorney within the USPTO. If the trademark examining attorney determines that your application complies with applicable statutes, rules, and fees, the trademark will be published in the trademark “Official Gazette” (i.e., a weekly publication that is published every Tuesday, including federal holidays, and available to the public on the USPTO website).

Before publication in the Official Gazette, however, the trademark applicant will receive a notice of publication disclosing the date that the mark will be published, usually      two months after the trademark application is approved for publication. This date carries significant value as it marks the day that the trademark is “published for opposition.” Essentially, the day the trademark is published in the Official Gazette, a 30-day window is opened whereby members of the public can file an opposition to the registration of the published mark.

If a successful opposition is mounted against your mark, it can prevent the trademark from being registered. However, if this 30-day window closes with no oppositions filed, the trademark application will be able to move to the next stage toward registration.

Potential Public Opposition

If opposition is raised, the opposing party is required to file a notice of opposition with the USPTO Trademark Trial and Appeal Board (TTAB) and pay a fee. The TTAB is an administrative tribunal within the USPTO that functions similarly to a federal court in that they hear and decide adversarial proceedings between parties. However, the only issue the TTAB may decide is the validity of a trademark.

A Notice of Opposition must state the grounds on which the opposing party believes that the trademark should not be registered on the principal register. During the opposition, each party may present evidence and witnesses to further their claims that the trademark should or should not be registered. Once all evidence is submitted and all arguments have been heard, the TTAB will issue a decision within about six months. In total, the process may take years.

Have Questions? Contact an Experienced Trademark Attorney in Los Angeles Today

It is incredibly important to protect your brand identity; hence it is in your best interest to invest the time and resources to properly secure a trademark registered with the United States Patent and Trademark Office. For further information or to retain the services of an experienced and knowledgeable trademark attorney in Los Angeles such as the professionals at the Omni Legal Group please call 855.433.2226 or visit  www.OmniLegalGroup.com to learn more.

Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles with experienced lawyers standing by to help you.

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What are the rules for patent drawings?

Rules for Patent Drawings

Important Guidelines for Utility Patent Drawings

If you are applying for a utility patent, you need to provide the United States Patent and Trademark Office (USPTO) with a drawing, or drawings, of your invention or innovation. Failing to provide sufficient drawings, or providing incorrect drawings, can be a death knell for your utility patent application. Why? Because there are typically no do-overs when it comes to patent drawings. The USPTO does not allow patent applications to add new matter once filed. As a result, it is nearly impossible to fix defective drawings since any corrections would inherently add new matter.

Hence, it is imperative to invest time and care into the drawing and ensure it is done properly, whether by you or a professional third party.

Guidelines

Below is a list of the primary formatting rules for patent drawings, according to the USPTO.

  • The drawings should be in black and white as colored drawings are generally not allowed.
  • Photographs are only allowed in case there is no other realistic way of conveying the details of the invention.
  • Formulas and tables are allowable forms of drawings.
  • The drawings should have multiple views to explain the invention accurately.
  • The size of the patent drawing should allow viewing of the details discussed in the patent application with the understanding the drawing may be reduced in size during publication.
  • Shading the drawings is encouraged if it will help depict the invention.
  • Reference characters should point to the detail of the drawing it refers to. While both numbers and the English letters are allowable reference characters, numbers are preferred.
  • The paper should be white, pliable, muted in appearance (not shiny), and robust.
  • The drawing must fit on either 21.0 cm by 29.7 cm or 27.9 cm by 21.6 cm paper with a 2.5 cm top and left margin, 1.5 cm right margin, and a 1 cm bottom margin.
  • The drawing may only be on one side of the paper.

Hiring a Professional

Generally, budget allowing, you should consider hiring a professional who understands the USPTO requirements and is adept at drafting mechanical drawings. Why? It will ensure the highest-quality drawing possible. Moreover, professionals understand the USPTO requirements.

Self-Generated Drawings

If you lack the financial resources to hire a professional drafter, it may be useful for you, the inventor, to attempt to draw the invention. In fact, you may be best suited to manage the drawing since you probably have a better understanding of the features of the invention.

Utilizing Computer Software

If you are terrified at the prospect of sitting down at a table and trying to create a respectable drawing for your utility patent, consider using a computer-aided design software . This type of software comes in handy when you are not a great artist, or you need to create shapes and 3D images to properly illustrate the innovation or invention.

Have Questions? Contact an Experienced and Reputable Patent Attorney in Los Angeles Today

If you have an invention and want to obtain a patent, retaining the services of a reputable and highly experienced patent attorney, such as the professionals at Omni Legal Group, is imperative for a successful outcome. Whether you are in need of, or have, a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group is here to help. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit  www.OmniLegalGroup.com to learn more.

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What can and cannot be patented?

Many different types of innovations and inventions can be patented in the United States. Nevertheless, there are certain things that generally cannot be patented; hence, it is important to have a baseline of knowledge of what qualifies for a patent before beginning the patent application process.

Different Types of Patents

Patents are typically broken down into specific patent types. The types of patents include:

  • Design patents
  • Utility patents
  • Plant patents

Design and utility patents are, by far, the most common types of patents pursued in the United States.

Design Patent

Generally, a design patent protects the ornamental features of an invention, i.e., what it looks like. For example, you can get a design patent on a new lampshade as long as it looks different from other lampshades. Design patents can be used effectively to prevent direct knock-offs of an entire inventions as well as protect a portion of an invention, such as a bumper of a vehicle.

Utility Patent

Utility patents are used to protect processes/methods (a method of making a golf ball), apparatuses/machines (mechanical devices from hammers to rocket engines), and composition of matter (chemical structures in medication). Utility patents are the most common type of patent sought and apply to the broadest range of inventions. Depending on the type of utility patent sought, it may provide protection of the underlying invention or how the invention operates.

Plant Patent

A plant patent is typically pursued when you have created a brand-new plant subspecies. As you might expect, this type of patent is fairly rare. Nevertheless, if you are in need of a plant patent, make sure to retain the services of a patent lawyer who is experienced in this specialized area of patent law.

What Cannot be Patented

There are specific limitations on what can be patented in the United States. Why? Because your invention may actually be protected by another type of intellectual property protection, or your invention is not eligible for a patent for other reasons. For example, if you are looking to protect a business name or logo, then you need to secure a trademark, not a patent. Similarly, if you are looking to protect a piece of music, a photograph, or another type of artistic expression, then you need to secure a copyright, not a patent.

A trickier aspect of patent law arises with phone applications (i.e., apps). It is important to understand that, in general, anything that is new and useful is likely eligible for a patent. However, being “useful” is insufficient. This is particularly true of software and types of phone applications. The inability to patent a phone app is because, in many instances, they are just spreadsheets on steroids that are presented in an easier-to-read-or more understandable format. Hence, the USPTO may not always consider a phone app to be an invention.

Have Questions about the Patent Application Process? Contact the Highly Reputable Omni Legal Group Today

If you have an invention and want to obtain a patent, retaining the services of a reputable and experienced patent attorney is extremely important. Whether you are in need of, or have, a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group is here to help. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit  www.OmniLegalGroup.com to learn more.

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How Likely Is a Trademark Rejection?

According to the United States Patent and Trademark Office (USPTO), most applications for trademarks are successful. However, around 1-in-5 trademark applications get rejected annually.

For those who spend significant time and resources applying for a trademark, that rejection ratio may seem shocking. Applicants must engage in a trademark search, clearance, and extensive paperwork.

Below, we will discuss two of the most common reasons for trademark rejections.

Probability of Confusion

The likelihood of confusion may arise if your mark is not totally unique. Could your trademark be easily conflated with something else? If so, USPTO may reject your application.

When you apply, a USPTO examining attorney will consider your proposed trademark. They will decide if your mark is too similar to another mark. There is no single or absolute standard for determining that a proposed trademark presents a likelihood of confusion.

If the color scheme, text, or other aesthetic choice is overly similar to an established mark, be prepared for rejection. Rejections are not final. You can defend your application through the appeals process.

Use of Surnames

Using a surname in your trademark is not a guarantee of rejection. Still, the USPTO policy regarding surnames is complex. While you can use a surname, the name cannot be the “primary significance” attributed to your trademark. In other words, you cannot trademark the name of a family or lineage. This is a reasonable policy because the names of private citizens should not be subject to IP laws.

There is an exception to this rule, however. If you have already built a particular surname into a recognizable brand, your application will probably be accepted. That is because established brands are primarily associated with their products rather than the name itself.

Take Action by Contacting an Experienced Trademark Attorney in Los Angeles Today

If you want to avoid trademark rejection, it is imperative to contact a legal professional. There is tremendous value in completing a trademark assignment the right way and in your best interest to retain the services of an experienced and knowledgeable trademark attorney in Los Angeles such as the professionals at the Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit  www.OmniLegalGroup.com to learn more.

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Why is it important to be proactive during patent pendency?

When an individual finds themselves languishing in the “patent pending” phase of the application process, they often ask, “why is this taking so long?” and “should I be concerned with the status of my application?” These are perfectly reasonable and important questions. The short answer is that you should not worry very much if you find yourself in the “patent pending” phase for several months or even years. Why? Because it is important to understand that the United States Patent and Trademark Office (USPTO) is an extremely busy government agency tasked with analyzing thousands of patent and trademark applications each year. This means delays are fairly standard.

In most instances, a patent will remain pending until one of two events occurs: (1) the patent is issued, or (2) the patent application goes into abandonment.

What To Do During the Pendency

It is important to understand that you do not have to sit on your hands during the pendency of your patent application. In fact, you should use the time your patent is pending to monetize your invention by either obtaining licenses or making and selling the invention. The timeframe can widely vary on when a determination is ultimately rendered. Nevertheless, you can typically expect the first response to take anywhere from 12 to 24 months.

It is extremely important to take full advantage of the patent pending time to get your invention out into the marketplace. Why? Because any sales you obtain during this period can be used to attract additional investors for your business, keep your competition in check while you scale up, and/or prove to the USPTO that your invention warrants a patent.

For example, if you sell thousands of units, it is apparent the marketplace believes you have an innovative product. The signal from the marketplace has the power to impact the USPTO’s decision. In fact, there have been instances where a patent examiner was overruled on appeal for failing to take sales into consideration when reviewing a patent application.

When a response, known as an office action, is rendered by the USPTO, you have three months to respond. They also accept the inventor’s input on the Examiner’s objections/rejections of the patent application claims during this time.

Have Questions? Contact an Experienced and Reputable Patent Attorney in Los Angeles Today

If you have an invention and want to obtain a patent, retaining the services of a reputable and highly experienced patent attorney, such as the professionals at Omni Legal Group, is imperative for a successful outcome. Whether you are in need of, or have, a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group is here to help. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation, please contact Omni Legal Group at 855.433.2226 or visit  www.OmniLegalGroup.com to learn more.

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What are the benefits of registering your trademark?

The Importance of Trademark Registration

When you decide to start a business, one of the things you consider is how to distinguish your business from other businesses offering the same goods or services as you do. You come up with a name that customers can remember and build up enough goodwill so that you are the first business they think of when they want the goods or service that you provide. You might be feeling content with your setup until you hear that there is another business with a similar mark offering the same goods and services. Now, you’re in panic mode because your mark is not registered.

What is a Trademark?

A trademark is any word, name, symbol, or device, or a combination of them, which represents your goods and services. It serves as a source identifier for your goods and services, distinguishing it from those produced by others. A trademark gives you rights over the use of a particular mark for your goods and services and prohibits others from using the same or similar marks to represent similar goods or services.

Do you Have to Register your Trademark to Get Legal Protection?

Your trademark is not validated by registration. Indeed, there is no requirement to register your trademark to for legal protection to exist. Your trademark takes effect as soon as you present it to your customers as a way to identify your goods and services and distinguish them from others. Registration of your mark is not mandatory. As long as you can establish first use of the mark, you can still use it in commerce and enforce it against any subsequent user who infringes on your use of the mark.

While registration is not required for your trademark to enjoy legal protection, there are valuable benefits to registration.

Prima Facie Evidence of Validity

Registering your trademark provides prima facie evidence of the mark’s validity. This means that your mark is presumed to be valid until proven otherwise.

Constructive Notice of Claim of Ownership

When you register your trademark, it is listed in the trademark registry, which is accessible to the public. Therefore, the consuming public, including potential infringers, are on constructive notice of your trademark rights. This means that an infringer cannot deny knowledge of the existence of your trademark. Any other person or business thinking of using the same or similar mark as yours will have the benefit of the trademark register to show them that the same or similar mark is already in use by another business.

Broader Legal Protection

Under common law, trademark protection is extended to the first user of the mark, within the geographic market of the business, against any subsequent user of the same or similar mark. If your mark is not registered, you limit any possibilities for expansion of your business outside of your current geographic market. This means that the use of your mark could be limited to one county if there is a registered competing mark.

The internet has become an important aspect of trade and has given many businesses an opportunity to expand beyond their geographic markets. Not registering your trademark may limit your ability to expand and take advantage of new markets.

Take Action by Contacting an Experienced Trademark Attorney in Los Angeles Today

It is incredibly important to protect your brand identity; hence, it is in your best interest to invest the time and resources to secure a trademark registered with the United States Patent and Trademark Office. Once registered, it will provide you exclusive right to use the mark with specific goods or services. Furthermore, there is tremendous value in completing a trademark assignment the right way. In either instance, you should retain the services of an experienced and knowledgeable trademark attorney in Los Angeles such as the professionals at the Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit  www.OmniLegalGroup.com to learn more.

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What are the differences between patents and trademarks?

Understanding the Differences Between a Patent and a Trademark

When it comes to intellectual property law, one of the most common (and important) questions people ask      is the difference between securing a patent and a trademark. The short answer is that a trademark can help protect your brand, while a patent will help protect your invention or innovation.

Overview

It is understandable to get confused about the differences between patents and trademarks since, at the end of the day, they are both intellectual property rights. Nevertheless, there are important differences that carry significant ramifications for the types of legal protections afforded to the owner of a patent versus the owner of a trademark.

Generally, a patent provides the patentee with the exclusive right to “exploit” their invention. This means competitors are legally prohibited from making, selling, using, or importing a patented product (with the exception of reaching an amicable agreement with the patentee, of course).

Conversely, when someone owns a trademark, that mark will protect the business’s brand     . The trademark will differentiate the goods and services of one owner from      another. In fact, once a trademark is registered with the United States Patent and Trademark Office (USPTO), it provides the proprietor with the exclusive use of that mark. Generally, trademarks are more beneficial when attempting to protect the following:

  • Business logo;
  • Business slogan; and
  • Particular set of colors or patterns affiliated with the business.

Key Distinctions

Though similar in some respects, there are key differences between patents and trademarks. As mentioned earlier, a patent is most beneficial to protect an invention, while a trademark is most beneficial to protect your brand.

Other key distinctions include the process related to registering a trademark versus securing a patent. There are different forms, filing fees, and requirements that must be met in order to obtain a patent versus a trademark.

Another important distinction is the amount of time a trademark is enforceable versus the time allotted to the patent holder     . For example, in the United States, as long as someone who owns a registered trademark renews the mark      every ten years, it may be enforced indefinitely. In contrast, when someone secures a patent, they generally own that patent for a term of 20 years (depending on the type of patent).

Another distinction is the legal rights afforded to an unregistered trademark     . Namely, a trademark can exist, legally speaking, absent formal registration. This is known as a “common law” trademark. The concept of a “common law” trademark may sound appealing, but it is worth noting that the rights afforded to a common law trademark are quite limited and typically confined to the state where the business is located, as opposed to a federal trademark that can be enforced nationwide.

We are experienced in applying for, and securing, trademarks and various types of patents for our clients, including:

  • Provisional patent;
  • Non-provisional patent;
  • Design patent;
  • Utility patent; or
  • Plant patent.

Have Questions? Consult with an Experienced Patent & Trademark Attorney in Los Angeles Today

Contact our reputable & experienced Los Angeles patent and trademark attorneys at the Omni Legal Group to learn more about patents and trademarks and how they can be applied to your business or idea. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation, please contact Omni Legal Group at 855.433.2226 or visit  www.OmniLegalGroup.com to learn more.

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Do You Have Legal Authority to Enforce Your Trademark?

Securing a registered trademark carries an array of benefits for your business. For example, it can help promote your brand and provide important legal differentiation in the marketplace. In addition, a trademark can help protect your business from competitors and scammers trying to confuse customers with low-quality and knockoff goods and services. In many instances, a trademark is the best legal recourse available to business owners who want  to maintain the very elements that identify their company in the marketplace.

Common Law Trademark

You may be surprised to discover that a trademark is not created the day you receive approval from the USPTO. Instead, under U.S. law, a trademark is created upon the use of that mark in transacting goods or services in commerce. This is known as a “common law” trademark. You may be thinking, “great, I don’t need to spend time or money on getting my mark registered.” Not so fast. A common law trademark only provides extremely limited protections and rights to the owner. For example, it only provides protection to the geographical region in which use can be proved. This usually means a common law trademark is enforceable within the confines of a single state, city, or locality. In contrast, when you have a federal trademark approved via the USPTO, it conveys much greater protection and rights if the application is approved for registration.

Federal Trademark

If you went through the process of registering for a federal trademark and received approval, the legal enforceability bestowed upon that mark is somewhat murky. Basically, your enforcement rights will depend primarily on whether you are currently using the mark in commerce, or you intend to use the mark in commerce. If you are currently using the mark in commerce, your ability to enforce the mark will typically go into effect between seven months and a year from the date you filed your application. If, on the other hand, you are not currently using the mark, but intend to do so in the future, expect a time horizon between eight months and 2.5 years before you can legally enforce the mark.

Take Action by Contacting an Experienced Trademark Attorney in Los Angeles Today

It is incredibly important to protect your brand identity; hence it is in your best interest to invest the time and resources to secure a trademark registered with the United States Patent and Trademark Office. Once registered, it will provide you exclusive rights to use the mark with specific goods or services. Furthermore, there is tremendous value in completing a trademark registration the right way. In either instance, you should retain the services of an experienced and knowledgeable trademark attorney in Los Angeles such as the professionals at the Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit  www.OmniLegalGroup.com to learn more.

Other option if you want to keep singular would be to amend as follows: “a business owner who wants”

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How can a patent portfolio review benefit your business?

Patent Portfolio Review

If your business currently holds U.S. patents and you are interested in exploring the possibility of patenting other ideas and innovations, it may be worthwhile to invest in a patent portfolio review. Why? Because a portfolio review provides a valuable overview of your current patents, what sectors those patents are focused on, and how much you have invested in those patents.

Let’s begin…

What Exactly is a Patent Portfolio?

A patent portfolio typically encompasses the sum of issued patents, patent applications, and development ideas affiliated with your business.

What Exactly is a Portfolio Review?

A patent portfolio review includes analyzing a company’s notice protocols and making necessary recommendations to ensure the maximum protection of your patent portfolio.

A patent portfolio review may also include analyzing your company’s internal business processes, from product development to sales, to ensure maximum intellectual property protection. Your company’s employee handbooks, internal operating procedures, annual reports, and even everyday e-mails can affect your ability to enforce your patent. Internal controls and proper employee training may need to be identified and instituted to protect patents and related intellectual property.

Why Is a Portfolio Review Important?

There is significant value in taking stock of your patent portfolio since, in many instances, going through the patent portfolio review process often leads to broader intellectual property law questions that address important issues such as trademarks, copyrights, trade secrets, privacy laws, and so forth. Also, a deep dive into your patent portfolio could lead to identifying other potential patents that you haven’t applied for but could.

For example, it is common for patents to be drafted quite broadly. However, once you’ve secured your patent and are doing business, you may discover additional features that could be a candidate for a new patent. Hence, during the review process, important questions can be asked related to company processes and products to assess whether more narrowly drafted patents could benefit the overall value of your patent portfolio. The review may also reveal innovative products or processes that the company has that are eligible for patent protection but have not yet been identified.

In addition to gaining valuable insight into what you currently have patented and complying with renewal requirements, another benefit of conducting a patent portfolio review is that it helps ensure your competitors remain on notice that you hold a patent on a particular idea or innovation. In fact, to obtain full damages in a patent infringement lawsuit, you are required to prove that the infringer knew you had a patent that covered that alleged infringing product.

Interested in a Patent Portfolio Review? Contact The Omni Legal Group Today

As you can see, a patent portfolio review has the potential to help your business grow by identifying specific areas that allow you to take full advantage of the hard work you’ve put into developing products and patents. If you would like to learn more about what is involved in a patent portfolio review, contact the Omni Legal Group today. We are a premier Patent, Trademark, and Copyright law firm located in Los Angeles. Our legal team of highly experienced patent attorneys, specialize in protecting your intellectual property securing your patents, trademarks, and copyrights. To schedule an appointment please call 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

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What legal responsibility do influencers have when promoting products through social media?

Influencers Beware: Those Hashtags Could Get You in Serious Trademark Trouble

There is no denying the impact of social media on commerce and trade. Statista reports that digital advertising spending at US$380 billion in 2020, is projected to almost double that figure by 2024. Social media is      an important part of brand communication for businesses. It is quick, interactive, accessible, and has global reach. These days, it is probably safe to say      that a business’s marketing strategy for consumer goods is not complete without influencer marketing.

Social media influencers leverage their power with their followers for the benefit of the brands that they endorse. Brands rely on an influencer’s ability to convert trusting followers into paying customers. The influencer receives compensation, through free products or money, and engages with their followers. It’s a win-win for both sides, and it’s still business.

Every brand has the legal right to market and advertise their product, but they must do so without infringing on the rights of other brands, and without deceiving consumers with false claims. The U.S. District Court for the Central District of California recently ruled that social media influencers can be held legally responsible for trademark infringement and false advertising.

In the case filed by Petunia Products, Inc. (Petunia) against Rodan & Fields, LLC (R+F), Molly Sims (Sims), and others, Petunia alleged that R+F and Sims committed trademark infringement and false advertising arising from the marketing of R+F’s competing “Brow Defining Boost” product. Sims, who authored a blog post to promote R+F’s product, sought to dismiss Petunia’s claims for direct infringement, contributory infringement, false advertising, and unlawful and unfair business practices, but failed in part.

Petunia alleged among other things that Sims’s blog post with the hashtag #BROWBOOST was an infringement on their trademark and a dilution of their social media presence.

Pertinent Information to Know

  1. The owner of a trademark can make an infringement claim against anyone who uses their trademark in commerce in a way that is likely to confuse customers as to the source of the product. A trademark is used in commerce when it is used in connection with the sale, distribution, or advertising of goods and services. A sponsored blog post or paid advertisement intended to promote the sale of a trademarked good or service is considered to be used in      commerce.
  2. There is a difference between the use of a trademark to provide commentary on goods or services and commercial use of a trademark. A post will cross the line from mere commentary to commercial use when it is a paid advertisement with links to any commercial sites to encourage the sales of the goods or service.
  3. False advertising is knowingly disseminating untrue or misleading information about a good or service that is likely to deceive consumers. The use of a trademark that is likely to cause confusion in the market can be false advertising.

Even though Sims was offering her commentary about the product, which is allowed, because R+F paid Sims for the blog post it was advertising.  Therefore, Sims – a social media influencer – is legally responsible for trademark infringement because the product she advertised was infringing.

Take Action by Contacting an Experienced Trademark Attorney in Los Angeles Today

When an influencer is paid to promote a brand, they bear some legal responsibility for any claims of trademark infringement and false advertising. If you’re an influencer, it is in your best interest to have a trademark attorney assess your legal exposure before you commit to a brand.

If you’re looking for a trademark attorney in Los Angeles, our experienced trademark attorneys at Omni Legal Group can help you. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

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About Omni Legal Group

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The Omni Legal Group was founded in Los Angeles, California by Omid Khalifeh.

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Tel: 310.860.2000
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