- Intellectual PropertyKelly is married to her husband Todd and is the proud mom of Kyle, 19, Kinley, 12, and Kane, 7. She began working for Jon in 2004 as his legal assistant and paralegal. She graduated from Western Governors University in 2016 with a Bachelor of Science in business management. After gaining years of experience and encouragement from numerous other legal professionals, Kelly obtained her Juris Doctorate from St. Louis University School of Law in 2021 with a concentration in intellectual property law. After passing the Uniform Bar Exam and being sworn into the State of Missouri Bar in September 2021, she became Jon’s partner, and FortmanSpann, LLC was born.
- Unfair CompetitionWhen discussing trademark law, unfair competition and infringement are some of the most commonly used terms. Unfair competition is dishonest or fraudulent rivalry in trade and commerce. It refers more specifically to the practice of trying to pass off one’s goods, products, or services as that of another. Often people will try to achieve this by imitating or copying the name, logo, or other distinctive characteristics of a competing brand. Infringement is a form of unfair competition and one of the most common issues regarding trademarks. Trademark infringement is the unauthorized use of a trademark in connection with goods or services in a fashion that is likely to cause confusion, deception, or error about the source of the goods or services. Infringement can be done purposefully or accidentally. It is advised that anyone using a trademark register the mark with the USPTO. If the USPTO issues registration of your trademark, you will receive the right to prevent infringement of your mark on a nationwide basis, along with some other benefits. If you’re facing trademark infringement or unfair competition, a trademark litigation lawyer from our firm is here to help.
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