David Aldrich
Forge IP, PLLC
Dave has extensive experience in all areas of patent, trademark, and copyright law, including prosecution, litigation, opinions, licensing, and counseling. His practice has canvassed a wide array of technological areas, such as optics, analytical instruments, and mechanical devices, including an emphasis on the medical field.
Dave has prosecuted hundreds of patent applications in many different technologies and has successfully argued multiple appeals before the Patent Trial & Appeal Board (PTAB). He also has significant experience with all types of disputed matters, including Inter Partes Reviews at the PTAB. Dave has obtained successful results for both plaintiffs and defendants in numerous litigations, ranging from summary judgment to appellate victories, as well as the negotiation of favorable settlements. He also has significant experience with pharmaceutical patents, including the preparation of Paragraph IV notice letters and the litigation of Hatch-Waxman ANDA cases.
- Patents
- Patent Appeals, Patent Litigation, Patent Prosecution
- Trademarks
- Trademark Litigation, Trademark Registration
- Intellectual Property
- Connecticut
- State of Connecticut Judicial Branch
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- U.S. Patent and Trademark Office
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- Federal Circuit
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- U.S. District Court for the District of Colorado
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- U.S. District Court for the District of Connecticut
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- U.S. District Court for the Eastern District of New York
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- U.S. District Court for the Southern District of New York
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- English: Spoken, Written
- Founder, Partner
- Forge IP, PLLC
- - Current
- Member
- St. Onge Steward Johnston & Reens LLC
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- Seton Hall University School of Law
- J.D. (2001) | Law, Intellectual Property
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- Rutgers University - New Brunswick/Piscataway
- B.A. (1998) | Physics; Philosophy
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- State Bar of Connecticut
- Member
- Current
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- LawPact
- Member
- - Current
- Activities: LawPact is a close-knit, international association of independent business law firms serving clients in all business law capacities, including litigation and transactional work, across a variety of industries. As a result, we are able to ensure that clients are provided with access to seamless legal advice for their business across most jurisdictions in the world.
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- Website
- Forge IP
- Q. Received a cease-and-desist letter for my unreleased game's title claiming trademark infringement. Title uses a common word related to hunters, stylized differently. Company demands permanent word usage stop in media. Seeking chances if escalates to legal case.
- A: To answer your specific question, the fact that one name is stylized and the other is not is usually insufficient, by itself, to distinguish the marks for purposes of trademark infringement. However, it sounds like there are a number of differences in this case, and it is difficult to do any kind of risk assessment without knowing the details of the marks, as well as other relevant facts. You should consult a qualified trademark attorney to discuss these specific details so they can give you the proper guidance.
- Q. Can I claim an abandoned trademark for my business?
- A: Presumably, you are talking about the USPTO's database of federally registered trademarks. Since the registration has been abandoned, you are free to file your own application for the trademark. However, if the original owner is still using the mark in commerce, they may still retain some "common law" rights in the mark (which are more limited rights that will vary depending on the specifics of the situation).
Before filing an application, you should conduct a search to see if there are any other registered trademarks that, even if not identical, may still be confusingly similar enough that they would block your registration.
A trademark protects the use of a name or logo ... Read More
- Q. Can I take legal action if someone in NY uses my trademark without permission?
- A: Provided you were using the mark in commerce prior to the other party, you can certainly take legal action.
If you are conducting commerce with the trademark across state lines (i.e., not just in NY), the first thing you should do is file a federal trademark application. If you engage them first, they can rush to file a federal application before you, which can then be difficult to stop. Regardless, you will certainly need to collect some evidence, which can include information related to the market, your marketing efforts and sales, and any actual confusion in the marketplace.
You should consult a qualified trademark attorney who can give you appropriate guidance based on the specific ... Read More
