Bill Hulseys Patent Lawyer is the founder of HULSEY PC and practices in Austin, Texas and Memphis, Tennessee. Bill Hulsey Patent Lawyer established HULSEY PC to apply a highly developed specialty and experience in a broad span of technical fields. Bill Hulsey Patent Lawyer takes great pride in serving emerging growth companies competing in global markets with products and services relating to renewable and sustainable energy technologies, life sciences, electronics, environmental innovations, software, and aerospace technologies.

1. Intellectual Property Creation &
Management for Emerging Growth
Technology Companies
Trademark Basics:
Scope of Protection

4. Intellectual Property Creation &
Management for Emerging Growth
Technology Companies
Trademark Basics:
Scope of Protection

5. What Rights Does A
Trademark Confer?
 Injunction: A trademark owner has the right
to stop competing uses of a mark that are
“likely to cause confusion”:
 No exclusive rights to use a mark
 Damages:
 Defendant’s Profits
 Plaintiff’s Actual Damages
 Statutory Damages in Counterfeit Actions
 Attorney’s Fees in Exceptional Cases

6. Strength of a Mark
 Strong trademarks are easier to register and
protect
 Four categories represent spectrum of
strength:
 Arbitrary, fanciful, or coined
 Suggestive
 To avoid conflict with existing marks,
trademark search prior to mark adoption is
importa

7. Domain Names
 Internet address -- abc.com:
 Obtained from Registrar such as Verisign for
nominal fee (www.nsi.com)
 Typically use Company trade name
 Registration of trade name with a Secretary
of State's Office:
 Does not mean the name is yours
 Others can challenge use under TM law

8. Domain Names
 Avoid Unpleasant Surprises/Legal Fees:
 Search your desired trade name/domain name
 Do not pick a domain name if someone else owns the
TM registration
 Very likely to be challenged
 Obtain TM registration(s) for main part of domain
name (abc of abc.com):
 Helps protect domain name if challenged

9. Trademark Issues
Unique to the Internet
 The Internet presents several interesting issues
to a trademark owner; two of the most
interesting are:
 Domain Names
 Keywords

10. Domain Names
 A domain name is an alpha numeric string of
characters that enables web browsing
 software to find the address of a particular
web server.
 www.semizone.com

11. Domain Name Levels
 Domain names typically have two levels – the
top level domain is generic – the well-
known .com for example, as well as .org, .net,
.edu, .gov, .biz, and a few others.
 The second level – the portion before the
“dot” – is the interesting part and presents
opportunities for marketing, as well as
potential IP issues.

12. Domain Name Disputes

13. Intellectual Property Creation &
Management for Emerging Growth
Technology Companies
Trademark Basics:
Scope of Protection

14. www.HULSEYIPLaw.com