Trademark infringement lawsuits are usually brought in federal court, but the law does not prohibit such cases from being adjudicated in state court. Federal courts have original jurisdiction in trademark cases. 28 U.S. Code § 1338(b). However, federal courts do not have exclusive jurisdiction in federal courts. This was recently explained by a state district court
Minneapolis Intellectual Property Attorneys
Thompson Hall Santi Cerny & Katkov’s attorneys have been representing clients in the area of intellectual property for years. The most common forms of intellectual property involve:
- trade secrets
- internet domain names
- licensing issues
Thompson Hall Santi Cerny & Dooley has represented clients with both proactive and reactive efforts. Our attorneys represent individuals and businesses from the start of new ventures or projects to prevent violations of intellectual property laws. Thompson Hall Santi Cerny & Dooley‘s attorneys represent clients in identifying, acquiring, and protecting their intellectual property. Our attorneys also represent individuals and businesses in litigation once there has been a violation, or an alleged violation, of an intellectual property law.
Important considerations in protecting yourself or your business
Contracts to protect your intellectual property
Contracts, confidentiality agreements, and non-disclosure agreements drafted by experienced attorneys will help protect your intellectual property before it is disclosed to others, such as employees. Non-competition agreements may also be useful in this area.
Licensing of the use of your intellectual property
You may wish to license another person or entity to use your intellectual property. An experienced attorney will help protect your rights by drafting a thorough licensing agreement.
Before acquiring a trademark a search must be conducted to determine whether that trademark is already in use. Experienced attorneys can guide you through this process.
Trademark and copyright registration
Registration of trademarks and copyrights is not necessary but experienced attorneys will show you the benefits of registration and register trademarks and copyrights on your behalf.
Negotiating potential violations
When someone believes a violation of an intellectual property law has occurred, or may have violated such a law himself or herself, often the person does not want to engage in extensive litigation over the matter. Our attorneys are experienced negotiators and help intellectual property clients negotiate their claims or defenses in order to achieve positive results. Often clients want to explore the option of settling violations before proceeding through litigation.
Mediating or arbitrating potential violations
When parties want to explore settlement or other results short of trial, but are unable to resolve the matter themselves or through their attorneys, often they will seek mediation or arbitration. Thompson Hall Santi Cerny & Dooley‘s attorneys are experienced in mediation and arbitration and help clients obtain the results they seek through these processes when clients wish to explore alternatives other than trials.
Determining violations and litigating claims and defenses
Once there has been a potential violation of an intellectual property law and settlement negotiations are either undesirable or unproductive, litigation often ensues. The attorneys of Thompson Hall Santi Cerny & Dooley are also experienced litigators and will initiate lawsuits, conduct discovery, litigate motions, and represent clients in trial after there has been a potential violation of an intellectual property law.
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USOC Email to Minnesota Business Owner
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What is a “use-in-commerce” application with the USPTO? A “use-in-commerce” basis occurs when the trademark is being used in the sale or transport of goods, or the rendering of services in “interstate” commerce between more than one state. For services, the mark must be used in the sale or advertising of the services. For more information
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Unfair competition is a general category of torts recognized by Minnesota courts to protect commercial interests. n Unfair competition can include tortious interference with contract, improper use of trade secrets, and an employee's breach of a duty of loyalty to his or her employer. Unfair competition can also be infringement of a trade name. These torts establish
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Under common law, the key issue in a trade secret case was whether there was intent to keep information secret. This changed when Minnesota became the first state to adopt the Uniform Trade Secrets Act in 1980, after the Uniform Law Commission approved the Act in 1979. The Uniform Trade Secrets Act (the “Act”) is
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Difference Between a Business Name and a Trademark I often get asked by clients who are starting businesses, “why do I need to trademark my business name? I already look through the Minnesota Secretary of State’s website and no one in the state has my business name.” However, merely clearing a name with the Secretary
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