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

Michael Brown michaeljbrownlaw at gmail.com
Thu Nov 9 17:51:58 EST 2023


Janice,

How would this be different from any of the former band member disputes?
Assuming that the splinter group's name is XYZ GROUP, what else would their
counsel say to identify their client?

Best regards,
Michael


Michael Brown
Michael J Brown Law Office
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michaeljbrownlaw at gmail.com
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On Thu, Nov 9, 2023 at 4:24 PM Janice Housey via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> All—
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> I was recently presented with an interesting hypothetical situation:
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> 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.”
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> Are the splinter group’s attorneys potentially liable for trademark
> infringement as well?  Anyone aware of any case law on this issue?
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> *Janice Housey*
>
> Litmus Law PLLC
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