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Purchasing Trademarked Keywords
As the owner of a business in New York, you may want to purchase trademarked keywords for advertising purposes. For instance, if you own a beverage store, you may want to advertise the sale of Coca-Cola products. Obviously, Coca-Cola is a trademarked keyword and your use of it may create a conflict with the Coca-Cola Company.
Therefore, before you purchase a trademarked keyword, you should ask yourself 2 things:
Again, trademarked keywords are a grey area when it comes to trademark law. If you feel that you may violate an enforceable law by purchasing trademarked keywords, you should consult with a New York trademark lawyer. Your New York trademark lawyer can advise you on the laws that will affect your decision.
Under trademark law, if a party owns the rights to a trademark, then that party can sue others who are guilty of trademark infringement. The standard rule for trademark infringement is the "likelihood of confusion" with a registered trademark. If you do cause the likelihood of confusion with a federally registered trademark and use that mark in commerce, you may be found guilty of infringement under U.S. trademark law.
What to do When Your Trademarked Keyword is Infringed Upon
If your trademark is infringed upon by the use of trademarked keywords, you may choose to send a letter to cease and desist from infringement. Your New York trademark lawyer can help you draft and send this letter. If you do send a letter, and the infringing party refuses to cease and desist, you may choose to file a trademark infringement lawsuit.
Before you take legal action for the use of trademarked keywords, you should speak with your lawyer to determine your best options. If you do choose to file a trademark infringement lawsuit, your New York trademark lawyer can represent your legal interests.
Contacting a New York Trademark Lawyer
If you are an entrepreneur who is interested in franchising your business there is a lot you need to know, including the significance of evaluating your trademark and how to approach the preparation of your FDD. For a limited time, get New York franchise lawyer Charles N. Internicola, Esq's franchise law report to determine whether or not your business is right for franchising. Contact us today at 1-800-976-4904 for more information about Mr. Internicola's trademark law services in New York and how he assists entrepreneurs franchise their business nationwide.
