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Questions Answered by Marcos Garciaacosta
1 Answer | Asked in Trademark on
Q: Question about trademark and domains.

I would like to buy some domains in the future.

I know that my domain can not use some trademark registered by other company. Otherwise it would be illegal.

Let's say: WWW.MYEBAY.COM

Ebay is a registered trademark so I can not use that word in my domain.

But... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 18, 2022

A lot will depend on what is the product or service you are promoting at your website and how much of a zelot is the rightful owner.

You should consult with an attorney.

1 Answer | Asked in Intellectual Property for Georgia on
Q: I have an idea for a buisness. I went to trademark the name today and realized my intellectual property was stolen.

.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 3, 2022

It depends. Very likely there is little you can do.

Consult with an attorney

1 Answer | Asked in Trademark for New York on
Q: trademark question, someone else is using it as their domain name
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 3, 2022

You need to consult with an attorney.

If you have registration of your brand or have developed rights, you could spend in a proceeding to get the domain back.

1 Answer | Asked in Copyright for Minnesota on
Q: What does "that the material was removed as a result of mistake or misidentification of the material to be removed" mean

I am currently drafting a counter-response to a copyright infringement notice about a torrented file and must write "Your statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 3, 2022

You should consult with an attorney.

1 Answer | Asked in Trademark for Oregon on
Q: The legality of using a companies logos on a startup's website for the user's information

Hello, I have a question about the legality of using a companies logos on a startup's website for the user's information on a topic of which companies developments we use in our product. For example: "We are working with --> then goes the logos (Google, OpenAI, Epic Games) -->... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2021

Depends on the use. Most of the time they would have a program to allow people to show their logos.

Consult with an attorney.

3 Answers | Asked in Trademark on
Q: dear Sir/madam We are a new business and are looking to apply for a trademark

We require a trademark. and want to know we will not be breaking any laws before we start manufacturing. We are at the very early stages of our business. We want some advice on what we can do and not do if our product is very similar to others.

what are the procedures and what will it... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2021

Consult with an attorney to review your options and process.

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1 Answer | Asked in Gaming, Intellectual Property, Patents (Intellectual Property) and Trademark on
Q: Hello! Thank you that you have this option. I used the inscription "PUBG MOBILE" on the photo. And my account was ban!

I don't know can they delete my account only because I use these 2 words

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 29, 2021

You can contest the ban, ask for explanation.

I am not familiar with the meaning, but if it is related to a registered brand you may have infringed on somebody's rights.

Consult with an attorney.

2 Answers | Asked in Copyright for Florida on
Q: If I paint a picture that I see on Instagram from Someone’s personal Instagram page is that infringing on any copyright

For example if I am on Instagram and I see a handsome man or beautiful woman and I paint that man or woman as close as I can to the original in a totally different setting and then sell that painting can I be Infringing on any copyright laws.

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2021

Yes. You need to consult with an attorney.

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1 Answer | Asked in Trademark for California on
Q: can you trademark a smile ( two dots for eyes over a U) with the word revel
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2021

Maybe

It depends on the use and differentiation to other marks.

Consult with an attorney.

1 Answer | Asked in Trademark for Utah on
Q: I have some questions that I have about an LLC that I started that might already be trademarked in a different state

If the LLC is already trademarked does that mean I cant start my LLC? The company that has that name looks like they've been inactive for sometime, or could I patent the name? Or does it not matter since its in a different state?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2021

You need to consult with an attorney.

The use of a name in a company name may or may not be indicative of a brand use.

And you would need to do a trademark search and analysis to find out your options.

1 Answer | Asked in Copyright for Delaware on
Q: I'm developing a game and will be parodying famous locations.

Will changing a letter in name and their specialty be good enough to not get any kind of copyright claim or some kind of takedown request? Think in the style of the Grand Theft Auto video game series by Rockstar.

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2021

Depends.

You should consult with an attorney.

Using names of public common places may not be an issue.

2 Answers | Asked in Trademark on
Q: I need help registering my trademark. How do I get legal assistance ?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2021

Make an appointment and pay for a consultation with an attorney. You can use Justia to locate some.

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1 Answer | Asked in Copyright and Trademark for California on
Q: Does Got Juice have a trademark?

Will I be able to sell my clothing line all though we're selling different goods with the same name?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2021

You need to hire an attorney to do searches and evaluate your risk.

1 Answer | Asked in Copyright and Intellectual Property on
Q: Can I use the names of Disney characters in my book?

Can I use the names of Disney characters in my book in order to illustrate the fact that characters are not randomly chosen? Basically, I want to illustrate through Maleficent, Sultan from Alladin, Merida from Brave that characters have some facial traits, and because of them they behave in the way... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2021

Probably not.

You need to consult with an attorney.

I will depend on the names you use, how generic they are, if you are copying the character.

Best luck.

1 Answer | Asked in Copyright and Trademark for California on
Q: how can i purchase a status 606-abandoned -no statement of use filed ...serial number 88035552
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2021

Maybe

You can file for a trademark, but getting it is a different thing.

You may not be entitled to use the mark as widely as you think.

Consults with an attorney.

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark on
Q: Is making fan illustrations based on Rick and Morty franchise and tokenizing them on tokenization platforms legal?

I've already seen some Rick and morty fan arts being soled on such platforms (opensea.io) but I wanted to make sure that it is actually legal. Plus I had a quick overview on the their trademarks on this website, and I found nothing to restrict selling jpeg files related to the series.

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2021

Most likely. You should consult with an attorney.

2 Answers | Asked in Copyright and Patents (Intellectual Property) on
Q: Is this patent valid outside the U.S.? And what if we slightly change the design?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 23, 2021

Consult with a patent attorney.

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2 Answers | Asked in Trademark for New Jersey on
Q: Is there a way to get in touch with and purchase rights to a trademarked image?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 22, 2021

Check with the registered owner in the database.

Consult with an attorney.

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3 Answers | Asked in Contracts, Copyright, Employment Law and Employment Discrimination for California on
Q: Iam a licensed cosmetologist. Is it illegal to advertise pictures of hair I have previously done at another shop?

Only way to know it was at that shop is the paint color in the background. I work somewhere else now and the owner to the previous shop threatened me saying she's going to sue me because the pictures belong to her since it was at her shop. However the clients have followed me to the new shop... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 21, 2021

Maybe

consult with an attorney

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