Thread: Infringement?

Page 1 of 2 12 LastLast
Results 1 to 10 of 13
  1. Collapse Details
    Infringement?
    I was considering naming my business "laughinghaus" photography, however, I have found there is already a photographer with a website at "laughinghOusE". Is there any possibility that I'm going to run into some kind of legal trouble with this? He does a completely different kind of photography from me, if that's relevant.


    Share on facebook


    Reply With Quote
     

  2. Collapse Details
    Hi Jack. You can google this for more details--search for "likelihood of confusion" and DuPont Factors. That is what a court would refer to in order to make a determination of infringement (or not). The marks don't have to be identical to create an infringement situation. On the other hand, even if the marks are identical, it doesn't necessarily mean that one is infringing the other. I am a trademark attorney and can't give you legal advice on a forum. The answer would depend on your particular situation, as well as things like what your markets are geographically (again, see DuPont factors). The fact that it is a different form of photography is probably not going to be given a lot of weight, though. A great resource is the Nolo books, which are usually available at the library. Hope that helps.


    Share on facebook


    Reply With Quote
     

  3. Collapse Details
    the act of infringing : VIOLATION
    an encroachment or trespass on a right or privilege


    Share on facebook


    Reply With Quote
     

  4. Collapse Details
    Infringement refers to the violation of a law or a right. Infringement may refer to: Infringement procedure, a European Court of Justice procedure to determine whether a Member State has fulfilled its obligations under Union law.


    Share on facebook


    Reply With Quote
     

  5. Collapse Details
    Quote Originally Posted by dpalchik View Post
    Hi Jack. You can google this for more details--search for "likelihood of confusion" and DuPont Factors. That is what a court would refer to in order to make a determination of infringement (or not). The marks don't have to be identical to create an infringement situation. On the other hand, even if the marks are identical, it doesn't necessarily mean that one is infringing the other. I am a trademark attorney and can't give you legal advice on a forum. The answer would depend on your particular situation, as well as things like what your markets are geographically (again, see DuPont factors). The fact that it is a different form of photography is probably not going to be given a lot of weight, though. A great resource is the Nolo books, which are usually available at the library. Hope that helps.
    SOLID advise. IP issues are quickly becoming one of the biggest risks for companies, especially small businessed, and the cost to sit down with an IP attorney is well worth the cost you're avoiding of potential litigation down the road (or, on the flip side, if someone steals your intellectual property and you need to protect your brand).


    Share on facebook


    A man's character is most evident by how he treats those who are not in a position either to retaliate or reciprocate. Paul Eldridge
    Reply With Quote
     

  6. Collapse Details
    http://MyWorkingHour.com/?userid=627172


    Share on facebook


    Reply With Quote
     

  7. Collapse Details
    It means the person who posted it has almost assuredly violated the copyright law and stolen someone else's intellectual property and yet they're too lazy to even bother to check or ask permission.


    Share on facebook


    Reply With Quote
     

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •