[E-trademarks] Can attorneys be guilty of trademark infringement for the manner they identify themselves?

[Janice Housey]

All—

I was recently presented with an interesting hypothetical situation:

Let’s party A’s trademark is XYZ GROUP (i.e., a trademark particularly associated with a particular group/organization/institution--  and the mark is registered th), a splinter group forms and claims that they are the “real” XYZ GROUP and starts using XYZ GROUP in various ways.  (Yes—party A is addressing these infringements.)  In the meantime,  attorneys representing the splinter group sends correspondence to third parties identifying themselves as “Attorneys for XYZ GROUP.”

Are the splinter group’s attorneys potentially liable for trademark infringement as well?  Anyone aware of any case law on this issue?






Janice Housey
Litmus Law PLLC

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