trademark common law rights

Articles, Questions & Answers by Andrew P. Lahser, Attorney
  1. For 15 years, I used my business name; another company trademarked the name in 2011. Am I toast?
    You are not toast, not yet anyway. However, you should speak to an attorney as soon as possible.
  2. Could I be infringing a BOOSTERS trademark?
    Yes. You should take action. Here are some potential steps.
  3. Can I add the ™ symbol to my website ?
    Definitely Maybe. Trademarks do not protect websites directly. Trademarks protect consumers.
  4. Trademark Common Law: Can I use another business's name?
    Maybe. Here are two important ideas you are missing: First, trademark common law rights happen automatically. Second, trademarks prevent confused consumers.