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Gimme your money, man, you hijacked my trademark

Ok, it’s 9:01 Monday morning and I get that call. Sometimes its a stranger, sometimes it’s an existing client. Client is panting and enraged, like Clark Gable in Gone With The Wind. “Someone is infringing my trademark.” My response, “Ok, that’s awful, deep breath.” Client wants to know what our choices are.

Well, if you have good proof, we can get an injunction and fast. Can we recover the infringers’ profits? That is quite literally the million dollar question. It’s like asking who will kickoff? The old-fashioned coin toss. The good news is that this year we might actually get clarity.

Currently, the appeal in Romaq Fasteners v. Fossil, will examine exactly this question. The holding here can offer clarity, but may also shift results. Perhaps infringers will be more lax. Maybe some will be less or more likely to file trademarks. Maybe people will file less lawsuits. May even change the processing speed of trademark applications. Stay tuned for the next episode of trademark lawsuits, fortunately, if you are reading at home, it will not be available on Netflix.

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Rubinstein Law Firm

The Rubinstein Law Firm proudly serves all of New York for divorce and other state matters and the whole country on intellectual property related matters.

FAQ’s

  • What grounds do I need to file for divorce?
    • New York is a no-fault jurisdiction which means the most commonly cited cause is IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP. So, for example, if your spouse had adultery, it is not really relevant to the actual divorce grounds.
  • Do I file a contested divorce or an uncontested divorce?
    • Uncontested means both parties agree to sign a settlement outside of court and are relatively close in terms of what they want in the terms.
  • How much does the divorce process cost?
    • Uncontested divorces are considerably cheaper, the range is between $1,000-$3,000 depending on complexity. For a contested divorce, it will depend on how willing the spouses are to work together, if so, it can cost as little as $7,000 but if there is excessive fighting the divorce can last years and the sky is the limit.
  • How long before I am officially divorced?
    • Fortunately, NY is not a state that requires a separation period. So as long as you and your spouse have been married for at least 6 months and are an NY resident, you can begin the process immediately. If the divorce is not contested it can be completed in as fast as two months and may take as long as eight months. If the divorce is contested and the parties find it challenging to agree, divorce can go on for many years.

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