Abrahamsons Law Firm specializes in providing solutions for a variety of problems, including trademark registration disputes, domain name misuse and fair use. A typical case handled by the firm would involve a trademark owner who has registered their trademark with the United States Patent and Trademark Office (hereinafter USPTO). Subsequently, they have placed their domain name in question on various websites which is known to a number of visitors to those websites. The website in question may point out or indirectly state that the trademark owner owns the domain in question. The visitors, for whatever reason, think otherwise and attempt to register the domain name using any other names. Under the applicable federal and state law, if this happens, the trademark owner’s right to the domain name is restored.
If this scenario plays out like many others, it often results in a lot of stress and anxiety for both the trademark owner and the website visitor. Abrahamson & Uitterwyk law can provide legal services in addressing such concerns. Because this law firm is quite adept at handling cases of this nature for their clients, they have developed a unique procedure to handle these types of cases. If a client receives a letter from Abrahamson & Uitterwyk stating that a trademark is being challenged, they may want to consult the firm to review the matter and determine whether or not the legal services of Abrahamson & Uitterwyk should be employed to handle the dispute.
As outlined in paragraph 4, the first step Abrahamson & Uitterwyk take when dealing with such situations involves having an “independent” individual from the opposing party, such as a trademark examiner, opine in an affidavit regarding the scope of the claim. Upon such an entity’s submission of such an affidavit, the court then uses that evidence to determine if a party’s right to a domain name has been restored. In the case of a dispute about a domain name, an examiner’s opinion is supposed to be the final word on whether or not a domain name can be owned. Such an opinion could come from an individual, an intellectual property attorney, or even the United States Patent and Trademark Office. The question that arises is whether the testimony of the patent examiner should be considered by the court in making its decision.
There are a few reasons why an expert witness’s opinion concerning whether or not a mark can be registered should not be used by the court in making its decision. First, the expert witness has not had any training in the issue. Thus, a reasonable person would have to assume that he or she has not been trained in this particular area. That would make the testimony unreliable.
Second, the trademark examiner plays a key role in deciding whether or not a domain name is eligible for registration. The law firm may argue that the examiner was merely playing a “leading role” in the determination. However, the record indicates that, in many cases, the examiner does not rely solely on what the respondent intended to entice’s clients into doing. Further, even if the respondent intended to entice clients into using its business name, the fact remains that the commercial gain of the commercial property owner receives is unrelated to whether the client actually does use that name.
The Abrahamson & Uiterwyk Law Firm are a prestigious firm with experience defending clients’ rights in a wide variety of matters. Facebook is one of those areas. Facebook is a social networking site that enables its members to create a profile that can include a picture, business information, and personal information. Facebook also allows members to create groups that share common interests. Facebook, like many other social networking sites, is a popular method of communication and can easily be abused by those who wish to express a message for which they may be held responsible. That is why Abrahamsons & Uiterwyk Law is dedicated to protecting individuals’ right to use Facebook as they see fit and encouraging employers to implement policies prohibiting their employees’ access to Facebook.
