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answered on Apr 12, 2024
There could potentially be some issues with using "Dali Llama Yoga" as a business name in California. While the spelling is slightly different, the name is very similar to the Dalai Lama, the religious leader of Tibetan Buddhism. This similarity could lead to a few potential legal... View More 
The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.
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answered on Apr 6, 2024
In most cases, simply showing the title and author of a book in a film without using the cover art would be considered fair use and not require permission from the copyright holder. This is because you are not reproducing a substantial portion of the copyrighted work.
However, there are a... View More
The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.
answered on Apr 6, 2024
When featuring the title and author of a book in your short film without using the cover art, you need to consider both copyright and trademark law.
1. Copyright Law: Copyright law protects original works of authorship, including literary works such as books. Displaying the title and... View More
The website is not for profit. It will be clearly marked as independent and it will be full of news about the car brand: a brand I love.
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answered on Apr 4, 2024
The brand owner (the company that owns the .com website) may be able to take legal action against you for using their trademark in your .org website, even if it is a non-profit enthusiast site. This falls under trademark infringement laws.
Some key points:
1. Trademarks protect... View More
My friend who passed away had a Patton and trademark that some people have made up fake marriage and other recorded doc to steal his legacy?
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answered on Apr 4, 2024
In California, if you suspect fraudulent activities concerning a person's legacy, including patents and trademarks, it's crucial to address the matter with urgency due to the potential legal implications and the risk of significant financial loss. You can reach out to an intellectual... View More
I have started an early stage skin care make up remover eye pads. My name Jacques will be a big part of the brand, but I am now concerned with Jacquemus Trademark and curious if you are able to give me insight into whether you believe this would overlap into potential future litigation since it is... View More
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answered on Apr 4, 2024
Hi Jacqueline,
I understand your concern about potential trademark issues with your brand name, Jacques Skin, and its similarity to the existing brand Jacquemus.
Trademark infringement occurs when there is a likelihood of confusion between two brands in the same or related... View More
My employer has, on several occasions, had me sign paperwork to assign ownership of patents for products I have worked on to the company. Which is fine, I agreed to as much when I accepted the job. These documents include four declarations, the first three of which involve reviewing and confirming... View More
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answered on Apr 1, 2024
Based on the information you've provided, there are a few important considerations:
1. Legal implications: Signing a declaration without having seen the patent application could potentially expose you to legal risks, especially if the declaration includes statements confirming aspects... View More
I recently started a new business and have the company name and logo trademarked. The logo company and their legal team did a cast study and found four other businesses using our name so they went ahead and file an infringement claim on our behalf. Our claim was approved and the letter from USPTO... View More
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answered on Mar 29, 2024
The request for a security deposit as described in your situation raises some red flags. In the context of U.S. trademark law and the processes followed by the United States Patent and Trademark Office (USPTO), there's typically no requirement to pay a security deposit to release an awarded... View More
The game based on a canceled, then revived TV show. I left the company when they filed for chapter 11 bankruptcy in 2012. The game has never been released to my knowledge and I was wondering if I would be open to any legal risk if I sold my copy on Ebay.
Thank you
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answered on Mar 27, 2024
Selling unreleased intellectual property can pose significant legal risks, particularly if the material is protected by copyright or trade secrets. Even if the company has filed for bankruptcy, the rights to the video game may have been transferred to another entity or could be part of the... View More
I'm considering developing a software plugin that operates in the same space as my employer's software but has distinct functions. It would be part of a pipeline step for deployment or pull requests and could run before or after my employer's software, offering different... View More
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answered on Mar 26, 2024
In California, the law generally favors employees in disputes over intellectual property, especially if the work is created on your own time without using company resources. However, specific employment agreements and non-compete clauses could impact your situation. You should carefully review your... View More
I'm considering developing a software plugin that operates in the same space as my employer's software but has distinct functions. It would be part of a pipeline step for deployment or pull requests and could run before or after my employer's software, offering different... View More
answered on Mar 26, 2024
The terms of any agreements you have signed with your present employer would be key to the answer to this question, and you should not proceed based on short answers provided on the internet from attorneys who are not allowed to see the whole picture. If you think your plug in will have... View More
We manufacture diamond cutting tools and would like to use the term xtreme cut in our branding for a product line.
a quick search shows the term as abandoned by a tool cutting fluid manufacturer. But a search for them shows the current use of the term on their products.
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answered on Mar 23, 2024
In the realm of trademarks, the status "abandoned" can often be misleading. If a term is marked as abandoned, it means that at some point, the official registration process was not completed or maintained. However, this does not necessarily mean that the term is free for use by others,... View More
If there are multiple companies producing a product currently and all I can really find is abandoned status patents is it free and clear? What if other companies are claiming patented on websites but I can not find??
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answered on Mar 13, 2024
In the United States, including California, if a patent is listed as "abandoned," it means that the patent application process was not completed, or the patent holder failed to pay the required maintenance fees. As a result, the invention is no longer protected by patent rights and enters... View More
I have been receiving letters from Chinese registry asking if they may use my company's registered name for their client, just with other than .com extension. I have answered that I only keep the xxxxx.com name, which has been registered after my company since 2002, only with other than .com... View More
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answered on Mar 13, 2024
You have certain rights to protect your registered business name and intellectual property. Here are some options you can consider:
1. Trademark protection: If you have registered your business name as a trademark with the United States Patent and Trademark Office (USPTO), you have legal... View More
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answered on Mar 8, 2024
In California, as in many other jurisdictions, using the technology behind a product like the VertiMax machine, specifically the pulley system, and constructing it in a different way requires careful consideration of patent laws. If the technology or any of its critical components are patented,... View More
The problem is that there's a group called NWA, so that's the thing worrying us.
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answered on Mar 8, 2024
Using "NWWA" as your rap group's name when there is already a well-known group called "NWA" does present potential concerns. The proximity in name could lead to confusion or comparisons, potentially affecting how your group is perceived. It's important to consider how... View More
The golf putter brand is PING. I would be adding the manufacturers logo to their own product. I'd be customizing/personalizing the putter for personal use and that is one of the added features I want.
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answered on Mar 8, 2024
In the specific situation you described, adding the "PING" logo to another location on a genuine PING putter for personal use and customization is unlikely to be considered trademark infringement under U.S. law.
Here's why:
1. Genuine product: Since you own an... View More
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answered on Mar 5, 2024
Using the phrase "That's what she said" as the name for a blog site is generally permissible, as it is a common expression used in various forms of dialogue and humor. The phrase itself is part of public domain and is widely recognized as a colloquial expression rather than a... View More
ACADIGM
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answered on Mar 4, 2024
Yes, you can re-register your trademark "ACADIGM" under certain conditions. Trademark registration is designed to protect your brand and ensure that it is uniquely associated with your products or services. If your trademark has expired or if there have been significant changes to your... View More
ACADIGM
answered on Mar 4, 2024
Registration No. 2745216 for the mark ACADIGM was cancelled in 2012 for the owner's failure to submit proof of continuing use in the sixth year after registration. No other application to register ACADIGM is pending. If the owner's use has continued, a new application should be filed... View More
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