Business Copyright & Trademark Attorney Legal

Paul D. Supnik, Trademark Attorney

Business Copyright & Trademark Attorney Legal

Added on January 26, 2022

Paul Supnik practices trademark, copyright, and entertainment law. He advises businesses in the selection and use of brand identities, protects trademarks through registration strategies, enhances value through licensing, and litigates trademark and copyright disputes. Paul has spoken on these subjects in the United States and internationally. Industries represented include Internet, apparel, cosmetic, restaurant, advertising, sporting goods, software, financial, arts and media.

Paul has served as the president of the Los Angeles Copyright Society, chair of both the Entertainment and IP law and the International Law Sections of the Los Angeles County Bar Association, and chair of the Los Angeles Lawyer magazine editorial board. He is a co-author of The Essential Guide to Entertainment Law: Intellectual Property.

State Bar of California
Los Angeles County Bar Association
Beverly Hills Bar Association
International Trademark Association
Los Angeles Copyright Society
Copyright Society of the USA

CONTACT

Company: Supnik Law Office
Address: 9454 Wilshire Boulevard, Suite 550, Beverly Hills, CA 90212
Website: http://www.supnik.com
Email: pds@supnik.com
Phone: 310-859-0100
Connect on LinkedIn

Paul Supnik’s FAQs

Should I use a trademark lawyer to register a trademark?

If you expect a trademark to be important for your business, services of a trademark attorney is recommended. Trademark selection, use and registration strategies tend to be counterintuitive. The trademark attorney can help guide the business owner through the nuances and help the owner decide what to register, issues likely to be encountered, and whether the registration and use would likely achieve the desired objectives. A trademark lawyer can help answer the questions: How strong is the proposed mark? Is it sufficiently distinctive to be protectable? Can the proposed mark be registered? Is the proposed use by the business really trademark use? Is the mark likely to conflict with existing third-party rights? Trademark attorneys do not simply file trademark applications but interact with clients to give advice as to the manner, use, benefits, and problems encountered in selecting and using or a proposed mark.

How to protect the brand name or protect a brand?

A brand is protected through both use and registration. Use means proper trademark use. For example, a trademark should be used as an adjective and not as a noun. A brand tells the public who is the source of the goods or services it represents -- not describing the product or service. A mark should appear in a distinctive typeface, logo, or color to distinguish it from other type used in packaging or advertising copy. Indicia showing that the word is a trademark, such as “tm” is sometimes helpful to signal to the public that the word is a brand. A mark should not be used as a common descriptive term for the associated goods or services. Explaining the reason for the choice of mark in advertising may have the effect of destroying what rights the business is trying to establish. A mark should not be used simply to communicate information to the public or it may be said not to function as a brand. Proper use will make the mark easier to register and easier to enforce. If not properly used, the mark may not be protected.

What are common law trademark rights?

In the United States, trademarks are protected by use and registration. Even if not registered, trademark rights are acquired simply by proper use. Rights acquired by use are known as common-law rights. The first business to use a mark in a given territory for a particular type of goods and services is presumed to be the owner. The territorial scope of trademark rights might be limited to the area of use. Depending on the type of mark, and despite the existence of the internet, there will be inquiry into the geographic territory of use to determine the scope of rights and how they can be enforced against a third-party. Registration may enhance the rights, establish better protection and make the mark easier to enforce, but common law rights, as well as priority of a mark are acquired by use. Common law rights may carry much of the effect of a registered mark but it is harder to prove their existence in a court proceeding. If asserting common law rights, the owner must prove use rather than starting with a presumption of use and ownership.

Paul’s Articles

How to Protect Your Website from Copyright Infringement - Hiring a webmaster to create a new website with search engine optimization is an overlooked copyright infringement liability. Many webmasters…

How to Decide the Best Trademark for Your Brand - There are many factors business owners overlook when deciding the best trademark for their brand. Early careful consideration of brand…