Legal Question in Intellectual Property in California

Use in commerce depends on the type of business. For Goods - Use in commerce means using the mark in conjunction with the goods, by embossing it on the product, printing it on the boxes, etc. For Service - the mark can be used on an advertising, letterhead, business cards, invoices, etc.

As to your second question whether the use of a domain to redirect people to another site is a use in commerce, it is difficult for me to answer this question without looking at the actual domain and also without having had the chance to investigate the business's other uses of the redirecting domain.

As to your third question. Generally trademark protection in granted to mark used in commerce. If the other party's is using the mark in conjunction with a criminal business or other business not allowed by, law then yes another parties legitimate use is then protected v.s. that criminal use. (example: the trademark office has not been granting marijuana collectives trademark protection on the mark they use to sell marijuana. So if you decide to use a mark by a marijuana collective for other purposes other then selling marijuana, you will likely win protection over them, even if they used the mark in commerce)

Jim Betinol

Partner

Withrow and Betinol Law

www.wibelaw.com

E: [email protected]

P: 424.229.2560

F: 424.258.7001

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.