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Apollo52638 karma

Not OP, but another IP attorney here. Unfortunately my friend you are beyond the realm of free internet advice. There are enough details and complications that you should consult an attorney in your jurisdiction. Your state bar is a good place to look for recommendations if you don't know anyone.

As a general rule though, evidence of actual confusion (e.g., your customer that relocated) is good evidence. Document every instance of that.

Apollo52631 karma

As in many things in law - it depends. Trademarks can be registered as word marks/standard character marks, which are not case sensitive or otherwise style dependent, or design marks, which--as I understand it--are. Think of designs like the Nike swoosh or a stylized BP for British Petroleum.

Edited to add: Not OP; I am an IP attorney but trademarks are not my primary focus; Regardless I am NOT your attorney and this is not legal advice.

Apollo52614 karma

haha that's a great question/thought. I don't remember any specific Nike case, I just think they are well known for having both a word mark (Nike) and the swoosh design mark.

Now if we want to start talking about the ability to trademark color, I wonder how many of the attorneys would think of dry cleaning press pads?

Apollo52612 karma

Slight clarification where I think there may be a misunderstanding. Disney was coming up on the end of its potential total time. There was no ability to simply renew. So they lobbied and had the total time changed, which as another user pointed out, needs to be for everyone. You can't (realistically) pass a law that says Disney's copyright on Mickey Mouse is 100 years but everyone else's copyrights are 20 years.

Apollo5267 karma

Oof - that's tough. Ultimately it sounds like it is your parents' choice and they have the direct information. For now, just keep records of any similar instances where people are confused. I cannot overstate how important that is.

And remember a relationship with an attorney is a business transaction. If you aren't getting what you think you want (and think your demands are realistic), you can end the relationship and go elsewhere. It is easier to do that early on.