Legal Issues Relating To Our Club
is a running posting of legal issues relating to the Leathernecks
All new information will be posted as the events occur. Notice: All legal information is accessible to the
general public, therefore, use of actual names and locations in these postings are legal and not liable.
This Club, the Legal and Original "Leathernecks Motorcycle Club" will be entering into a Trademark Infringement Lawsuit to protect our Federal Registered Trademark. Over recent time, attempts to get the Infringers to halt the use of our Trademark have failed and the Infringers have willingly, unlawfully, and with disregard to our Trademark Rights and the Federal Laws pertaining to Trademarks continued to use our Registered Title. Shortly before this Infringing group began its misuse of our Registered Title, they were informed that our Title was in the process of being Trademarked. But due to the bad character for these people, they continued to begin a damaging Infringement against our Club and Title. The damages, due to this misuse, has been enormous, and investigative activity has proven large scale damages. Also, sales of items with our title has been largely noted.
Any Questions or Comments should
be directed to:
Leathernecks Motorcycle Club - Legal Questions
_____To Be Continued_____
Trademark Enforcement Information
Trademark enforcement consists of pursuing adverse users. An adverse user is one who is not authorized to use a mark, but uses it anyway, or who is authorized to use the mark, but uses it improperly.
In most instances, adverse users may be stopped without litigation, by a friendly contact from the trademark owner. Most adverse users would rather select a different mark for their products or services, than defend against a trademark infringement claim. Yet, where an adverse user is not convinced that infringement has occurred, and has invested substantially in the allegedly infringing mark, an amicable solution may not be possible. Sometimes, a trademark owner, particularly where willful and large-scale infringement has occurred, trademark litigation may be the only tenable approach.
The monetary remedies available in trademark infringement actions are based on the actual damages suffered by a trademark owner. These damages may include profits lost to the infringing activity, and may be trebled where the infringement is proved to have been intentional. Injunctive relief and criminal action is also available, to restrain the infringer from further unlawful activity, and impound and destroy infringing goods.
Litigation should be avoided if possible. Nonetheless, trademark rights should be enforced when adverse uses are confirmed.
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