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
Minnesota Trademark Enforcement Attorney
For most companies, trademark infringement is a serious injury to the business. A company’s intellectual property represents its reputation to its customer base and the market place at large. The law requires owners of intellectual property to enforce their rights or lose them. Often called policing their mark, the enforcement of your trademark rights is essential to preserving the value of your trademark.
When trademark infringement occurs, acting quickly to send a cease and desist letter, and taking subsequent legal action, will preserve the value of your trademark and minimize the harm caused by the infringement.
Trademark enforcement involves a number of methods including a cease and desist letter, an injunction, a lawsuit for damages, and other creative or public relations strategies.
If your trademark is being infringed, a trademark attorney can explain to you your obligations under the law to police your mark, enforce your intellectual property rights, and preserve the value of your trademark under Minnesota and federal law.
Breweries and Trademark Law
With the explosion of new breweries in Minnesota and elsewhere around the country, we are seeing overlap in the names given to breweries and their beers. This has resulted in trademark disputes as breweries attempt to build and protect their brands. While breweries gain some common law trademark rights by using their brewery and beer
Can I Lose My Trademark?
The short answer is “yes.” Recently, the Washington Redskins were notified that their trademark has been canceled by the U.S. Patent Office. In a rare ruling from the U.S. Patent Office it canceled six different trademarks containing the word “Redskin” because the Trademark Trial and Appeal Board wrote in a 2-1 decision “that these registrations