Trademark

More than ever, a company's brand is among the most valued aspects of its business. Fletcher, Heald & Hildreth, PLC attorneys assist media, telecommunications, and other companies in protecting those brands, whatever their form – company names, product names, call signs, program names, marketing slogans, logos or any other means of business identification.

In the best of circumstances, our work begins at the very earliest stages of the development of the client’s commercial identity. With appropriate planning, we can help ensure that a proposed name or marketing slogan will not conflict with other similar and potentially confusing marks already in existence.

FHH attorneys have filed hundreds of applications for federal and state trademark registrations. We also assist clients in a domain name registration strategy among the various top level domains to keep cybersquatters at bay.

We work with clients to ensure that they are neither infringed nor infringers.

FHH attorneys are well-versed in several methods – ranging from finding substitutes for using a mark in a particular way to ensuring that the use of another’s mark constitutes a “fair use” – to steer our clients clear of activities that might be deemed to be infringing. And when, as often happens, a client does need to refer to others’ marks, we can, through prepublication and prebroadcast review, minimize the risk of liability arising from such references.

When conflicts do emerge, we continue to assist our clients by:

  • Writing and responding to Cease and Desist letters when our client’s mark is being infringed or our client is accused of infringement
  • Filing and responding to domain name disputes under ICANN’s Uniform Domain Name Dispute Resolution Procedure (“UDRP’) (which attorneys at FHH helped draft); and
  • Litigating when necessary to protect trademark rights.

For more information, contact Kevin M. Goldberg