Forums: Discussions for entrepreneurs and small business.

A "firmly worded letter threatening legal action" can sometimes land the sender of that letter in cout.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

I`m not an attorney, but it`s my understanding that trademark covers words, designs, or phrases that identify your ownership of a good or service. Is this what your phrase does, something like "Things go better with Coke"?

If it is just a phrase, like "have a nice day," you could probably get copyright protection on any illustration or design, but not for the phrase itself, which does not identify anything.

In any case, enforcing your intellectual property rights is up to you, and a letter is a good, and inexpensive, place to start. If your trademark is approved, you have a good chance of recovering damages, although you`ll have to pay upfront attorney costs.

Good luck!



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