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Sergiy M Sivochek
Trademark and Business Law Attorney
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Claimed Lawyer ProfileQ&A
Practice Areas
- Trademarks
- Trademark Litigation, Trademark Registration
- Intellectual Property
- Business Law
- Business Contracts, Business Dissolution, Business Formation, Business Litigation, Franchising, Partnership & Shareholder Disputes
Fees
- Free Consultation
- Credit Cards Accepted
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Rates, Retainers and Additional Information
affordable top-quality legal solutions
Jurisdictions Admitted to Practice
- California
- State Bar of California
- ID Number: 270667
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- New York
- New York State Office of Court Administration
- ID Number: 4607750
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Education
- University of Minnesota Law School
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Professional Associations
- California State Bar # 270667
- - Current
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Websites & Blogs
- Website
- Sivochek IP Law Center
Legal Answers
17 Questions Answered
- Q. Both Netflix and Google have violated my USPTO registered TM. Are you able and willing to fight these behemoths?
- A: These types of questions are always very complex and fact-specific. And there are always many gray areas. Before any reasonable attorney can tell you whether they are willing to fight Google and Netflix on your behalf, there are MANY additional questions that will need to be asked and answered, and a thorough analysis and investigation will have to be conduced by the lawyer. It's best to personally approach an experienced Intellectual Property lawyer you trust with these questions and they should guide you further. I do not believe any reasonable lawyer who knows what they are doing will tell you on this forum whether or not they are ready to fight anyone without carefully researching your case - once you have retained their services. This answer is not legal advice. It was provided for general educational purposes only. I am not your lawyer.
- Q. I am within my legal rights to use a modified version of the coppertone logo freely? I would be making money off it.
- A: Deliberate copying or modification of someone else's image may constitute willful copyright infringement with serious consequences, especially if done for financial gains. You would be well-advised to carefully discuss your specific plans with an experienced intellectual property lawyer before moving forward with the plans. This answer is for general education purposes only. It is not legal advice. I am not your lawyer.
- Q. Do they have any legal standing on the trademark infringement?
- A: If you have been selling a product under this trademark for many years and without any prior conflicts with other trademark owners, there may be reasonable good defenses available to you (laches, etc.) If you can prove that you were actually first to start selling the products (before them), then it might be possible to turn the tables on them. But all these question are very fact specific and there are many unknown variables here that can change a lawyer's opinion significantly one way or another. You should contact an experienced trademark attorney and discuss your specific case. This answer was provided for general educational purposes only. This is not legal advice.
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