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Benton R Patterson III

Benton R Patterson III

Trademark and Copyright Attorney
  • Intellectual Property, Trademarks
  • Texas
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Claimed Lawyer ProfileQ&A
Practice Areas
  • Intellectual Property
  • Trademarks
Additional Practice Area
  • Copyright
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
Texas
Federal Circuit
Education
Texas A&M University School of Law
J.D.
University of North Texas
B.A.
Professional Associations
State Bar of Texas # 24095088
Member
Current
Federal Circuit Bar Association
- Current
The Honorable Barbara M.G. Lynn Inn of Court
-
Speaking Engagements
Panelist, Legal Careers Presentation, Denton, TX
University of North Texas PreLaw Program
Websites & Blogs
Website
Firm website
Legal Answers
65 Questions Answered

Q. What are the legal risks for me selling a game system that looks like a nintendo nes but bears no trademark
A: You could potentially be liable for trade dress infringement, which is very similar to what you are describing.
Q. Do I need to trademark by DBA name?
A: Texas law does not require you to register a DBA as a trademark. Developing trademarks for your business can help add value by preventing others from imitating your business. A registered trademark is a business asset you can use as collateral or license to others for a fee. Having a trademark registration can also help you prevent counterfeits. Even if your DBA does not meet the requirements for a trademark, there may be other words or symbols that you can register as a trademark. I recommend speaking with one of the many qualified trademark attorneys on Justia about how to best advance your business with trademarks.
Q. This sounds like a silly question, but can I have a trademarked name in the title of my blog? (redstartbursts.blogspot)
A: It depends on whether your use of the trademark is likely to be confused with or dilutive of the trademark. Starburst is a trademark for candy but also a descriptive terms for a certain shape/light effect. Its best to have an attorney review the blog to make a determination.
Q. Can we trademark NoMore and be put on shirts even though a organization is called NOMORE and sells clothing?
A: You may be able to register the trademark "NoMore" for clothing. It depends on how the other organization uses "NOMORE", whether it is registered as a trademark, and the goods associated with the hypothetical trademark registration. A trademark attorney can perform a trademark search and determine whether you can register a trademark for "NoMore" for clothing. A single word or phrase is not protected by copyright law.
Q. i own an ecommerce store called "astronomr"
A: Possibly so. An attorney would need to review all the facts to be able to determine if your website infringes on the trademark. These facts would include things like the trademark registration, your products, the magazine content, and the first use of the trademark by both parties.
Q. My eBay listing keeps getting removed because my "listing used their copyrighted image without permission."
A: Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono.
Q. Copyright questions about a product we sell: In violation or not? Fight false DMCA requests.
A: An attorney would need to review the two products to determine determine if one product infringes the other. You may have a defense. Often items that have a useful function are not protected by copyright, and if they are, only a limited aspect of the design is covered. An attorney would have to review the products to make that determination.
Q. Someone is using my artwork to promote their live show without my permission. Recommendations on course of action?
A: The first step would be to approach them yourself to try to work out a deal. If that doesn't work, try having an attorney contact them on your behalf and explain why they are legally obligated to stop using your work and properly compensate you. If that fails, you could sue them for copyright infringement. If you think you may need to sue, you should register your work with the US Copyright Office so that you may recover monetary damages.
Q. we're a brewery. if someone else trademarked our Company name, could they force us to pay them or stop using it?
A: Yes, possibly so. Some facts that may come into play are who used the trademark first and what the associated goods and services are for the other company's trademark. Assuming the other company used the trademark first and is a similar line of business, they could likely force you to stop using the mark and/or pay them.
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Patterson Legal
2310 N Henderson Ave.
STE 724
Dallas, TX 75206
USA
Telephone: (972) 379-9049