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Expert Analysis

Enforcing Your Trademark Rights: Forget It (Maybe)

Law360 ( June 8, 2010, 2:05 PM EDT) -- Yellow Book USA Inc. has embarked on a marketing campaign telling consumers to "Yellowbook It" when they need to search for something. Although Yellow Book USA Inc. does not own a federal registration for YELLOWBOOK, it does use the ™ symbol behind the term on its Web site to signal to consumers that it is a trademark. From a marketing perspective, having consumers use your trademark as the term to signify searching a directory certainly increases the visibility of the brand. On the other hand, from a trademark perspective, when consumers start using a trademark to identify to a specific thing or action, it signals the end of all trademark rights....

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