What do I do if Another Business is Using My Business’s Name?

CMRS Law Trademark

No company wants to lose business to a competitor using a name similar to its own.  Such a use can cause confusion among your customers and wrongfully associate your business with an inferior product.  What should you do when this happens and how do you prevent it from happening? When Another Business is Using Your Name The first thing you …

Can I use a picture from the Internet?

Elliott Stapleton Copyright

It may seem harmless to use a picture from the Internet on your website, but when you copy and paste an image from one website to another you have infringed on the owner’s copyright. How will the owner ever know? While it is unlikely the owner of the image will ever visit your website, there are companies that exist for …

Changing the spelling of a word to distinguish it from a Trademark

Elliott Stapleton Trademark

The standard used by the United States Patent and Trademark office in evaluating registration is likelihood of confusion. If you are filing for a Federal Trademark and the same mark is already registered, simply changing the spelling will not automatically differentiate your business from another company. When there is an alternative spelling or intentionally-changed version of an English word, the …

What are Fair Use Copyright Laws?

Elliott Stapleton Copyright

I am frequently asked what protection “Fair Use” provides under Federal Copyright law.  But Fair Use is not a protection or license to use the work of another, it is merely a defense to copyright infringement. What are the Standards for Fair Use? In general, infringement can be defended by showing that proper credits were given to the author of …

Find out how to Trademark your name and logo

Elliott Stapleton Our Services, Trademark

A trademark is a distinctive sign or indicator, used by an individual, business, organization or other legal entity, to identify source of goods or services. A trademark is also used to distinguish its products or services from those of other entities. A trademark is typically a name, word, phrase, logo, symbol, design, image or a combination of these elements. There …

Does registration with the Ohio Secretary of State protect a trademark?

Elliott Stapleton Trademark

No. Registering your LLC or Corporation does not give you federal trademark protection. Only a registered trademark can provide national protection against infringement. The State of Ohio does not verify if your mark will infringe on other trademarks. Instead, the search is limited to registered business names in the state. Thus, you could register a business in the State of …