Legal Question in Intellectual Property in Illinois
Hi, I belong to a hobby club, 501 C 7. We have been publishing a newsletter, bi-monthly, since 1990. We call it The Glow. We recently learned that a person trademarked the words The Glow in January of 2012. His organization has nothing to do with ours, or our interest in collecting antique Christmas. Do we have to change the name of our newsletter?
1 Answer from Attorneys
Not necessarily, but this is very, very fact-dependent. You DO need a trademark attorney to give you a definitive answer, once s/he has all the needed facts. It doesn't matter whether you contact me or someone else who handles trademark matters, but this is NOT something you should attempt to handle alone.
Your general-practice lawyer may have a referral or two for you, but unless s/he handles trademark law regularly, s/he is also not the lawyer you need. Trademark has both state and federal components; an out-of-state lawyer (like me; I'm in New York) could handle a federal question for you, but you would likely want to have an in-state lawyer handle any state-based question.
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