[E-trademarks] Can attorneys be guilty of trademark infringement for the manner they identify themselves?
voyer@keganlaw.com
daniel at keganlaw.com
Thu Nov 9 16:58:44 EST 2023
Recently a few quasi-celebrity attorneys were found liable for promoting unsupportable legal theories.
If the facts were clear, then the attorneys might be liable (for something by some tribunal) if a reasonable
attorney with reasonable due diligence would not make black-letter claims.
> On Nov 9, 2023, at 4:23 PM, Janice Housey via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> 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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