Pendulum Legal PC provides advise to producers, enterprises, retailers, and manufacturers, of all aspects of the Lanham Act (the primary federal Trademark statute in the United States) and New York Law of Trademark.
The firm represents clients to obtain a valid and registered trademark. Pendulum Legal PC provides advice and representation for Trademark Infringement and Counterfeiting.
The firm considers whether use of a valid and registered trademark by a third party is likely to confuse consumers of the source of a product and whether actual confusion has occurred.
With the totality of circumstances of clients in claimed Trademark Infringement, Pendulum Legal PC assesses and balances the strength of a trademark, the degree of similarity between the trademark and an allegedly imitative use, the proximity of the products and their competitiveness with each other, the likelihood that the supply of a product or service bearing a trademark will bridge the gap by developing a product for sale in another’s market, evidence of any actual consumer confusion, evidence that any third party adopted the imitative term in bad faith, the respective quality of the product, and the sophistication of the relevant population of consumers. The firm assesses any relevant expert evidence concerning the education and sophistication of consumers in a relevant market.
Pendulum Legal PC considers the intent to compete by clients, or third parties to clients, in the imitation of the successful features of another’s product and any distinction to be made from the intent to deceive purchasers as to the source of one’s own product.
Pendulum Legal PC advises clients as to the extent of use of a mark and the extent it is employed as a symbol to attract public attraction, or to identify and distinguish goods or services and to indicate their source.
The firm advises as to the scope of exceptions that prevail over the exclusivity claims of a trademark owner.
Pendulum Legal PC considers the parameters of descriptive fair use of an otherwise protected trademark under the Lanham Act.
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