Final Project: The Questions

1.       Can a small business owner be sued for taking another companies logo if the other company has failed to trademark the domain?

Yes.  However, the claimant is unlikely to succeed.  It is typical for a “cease and desist” letter to be sent advising of the alleged infringement/violation.  Because the first user of the trademark failed to register the logo, the small business owner could not reasonably have known, assuming it is not open and obvious to him.

2.        Is it illegal to hire a graphic designer to design a t-shirt shirt with the face of a famous celebrity and then sell it to the public?   What is the penalty?

Illegal, no, but the person would likely get sued if he refused to cease and desist and turn over all proceeds/profits made from the venture.  This is a civil matter, not a criminal matter.  The penalty would be an order or an injunction requiring the graphic designer to destroy or hand over all product, as well as all profits made from this venture.

 These were just two questions I asked my lawyer during our interview.  Madeline was very helpful she was able to answer all of my questions and I was even able relate them to real live scenarios.  Her knowledge and background in the law profession has definitely made her a well rounded lawyer.

" The first inventor to file a provisional or regular patent application on an invention is considered the senior party if the USPTO declares an interference."

Patent, Copyright & Trademark pg. 156

" The colloquial phrase "smart money" is used by patent attorneys to describe the extra damages that can be imposed on defendants found guilty of willful or flagrant infringement."

Patent, Copyright &  Trademark pg. 158

" A statutory bar is any federal statutory provision that requires the U.S. Patent and Trademark Office or a court to disqualify an invention for a patent."

Patent, Copyright &  Trademark pg. 163

" Actually developing and commercially exploiting the underlying invention covered by a patent is known as a working patent."

Patent, Copyright & Trademark pg. 170