Trademark Predators — Can They Really Prey On The Public?

By E. Russell Tarleton and Jennifer Ashton (December 19, 2017, 3:43 PM EST) -- Recently, one of our clients received a demand letter from a company asserting trademark rights in a word she had been using descriptively for years to advertise her services and goods. The aggressor flagged its pending U.S. federal trademark application as the star weapon in its proprietary arsenal and demanded that our client cease use of a term that had historically been in the public domain. Confused and unarmed she was left seeking recourse and wondering, "Can they really do that?"...

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