I'm thinking of making a Bionicle discussion forum at the domain bionicleforum.com. I'm concerned that could open me up to a lawsuit from Lego who owns the Bionicle trademark. I'd like to know what you think.
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answered on Oct 20, 2023
In California, as in other jurisdictions, using another company's trademark in a domain name can be considered trademark infringement, especially if it causes confusion or suggests an affiliation with the trademark owner that doesn't exist. Even if you're only discussing the product,... View More 
I'm thinking of making a Bionicle discussion forum at the domain bionicleforum.com. I'm concerned that could open me up to a lawsuit from Lego who owns the Bionicle trademark. I'd like to know what you think.
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answered on Oct 19, 2023
I have no knowledge of whether Lego would sue. It is possible that they could feel that you are creating a false association of the discussion form with Lego. They might also feel that you are creating a likelihood of confusion as to the source of the forum and could argue that this is a classic... View More
TAISHOUKEN has trademarked.
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answered on Oct 21, 2023
If TAISHOUKEN has an active trademark, using a similar name like "Taishou&KEN" could be problematic, especially if your business is in a related industry or offers similar services or products. Trademark law aims to prevent consumer confusion, and if your business name is sufficiently... View More
TAISHOUKEN has trademarked.
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answered on Oct 19, 2023
If TAISHOUKEN is a trademarked name, using a similar name like Taishou&KEN could potentially lead to legal issues, such as a trademark infringement lawsuit. Trademark law generally aims to prevent consumer confusion. Even if the businesses are in different cities, the similarity in names could... View More
i want to know if i can file a trademark for one particular item for sale on my website page
answered on Oct 18, 2023
Yes, you can file for a trademark for one particular product on your website. Generally speaking, your filing may become a registration if the name is trademarkable and is not likely to be confused with other registered trademarks. You can file for a trademark registration with your state or with... View More
i want to know if i can file a trademark for one particular item for sale on my website page
answered on Oct 18, 2023
Hello!
You have two options.
1) file the trademark yourself - I would suggest starting with the USPTO website. It is of course authoritative and completely reliable. You CAN do it yourself, but in our experience, very few people actually want to put in the time and the work involved... View More
i want to know if i can file a trademark for one particular item for sale on my website page
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answered on Oct 14, 2023
Federally, through the United States Patent and Trademark Office (USPTO), you can file a trademark for a specific item or product you sell. The key is to ensure that the item is distinctive and not merely descriptive of the product.
Before filing, it's essential to conduct a... View More
i want to know if i can file a trademark for one particular item for sale on my website page
answered on Oct 14, 2023
If you are using the mark to identify you as the source of goods in commerce, the mark is capable of being registered as a trademark. It would be prudent to research whether the mark has been used previously by another supplier of similar goods before adopting the mark and applying for registration
i want to know if i can file a trademark for one particular item for sale on my website page
answered on Oct 14, 2023
If the mark is for a good or service used and sold in commerce you should be able to register for a trademark. The first step is to contact a trademark specialist who can assist with reviewing if there is another same or similar mark already registered with the USPTO and provide guidance and... View More
Patent had expired - do i have any recourse? knock off identical to my product. Global making it in China now Uline in the united states.
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answered on Oct 10, 2023
Once a patent expires, others have the legal right to manufacture, sell, or use the previously patented invention. If the patent for your product has expired, Uline and Global Industrial are generally within their rights to produce and sell the product without infringement. However, if they are... View More
Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation, is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement.
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answered on Sep 19, 2023
Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration,... View More
If someone were to legitimately own x amount of items sold by a brand, is it illegal or risky to remake their packaging(not the item just the box)? Suppose the items purchased from a distributor of the brand came unboxed and loose, and someone wanted to have them boxed but couldn't find a... View More
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answered on Sep 19, 2023
Recreating a brand's packaging, even for the purpose of housing genuine products, can potentially raise intellectual property and trademark issues. Using packaging that closely mimics a brand's design may lead to claims of trademark infringement or unfair competition, especially if... View More
The brand is called Xiaomi.
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answered on Aug 27, 2023
To find the registration and expiration dates of a trademark for the brand "Xiaomi," one would typically search the United States Patent and Trademark Office (USPTO) database. If the trademark is registered, the database will provide details including the registration date. Trademarks in... View More
I am creating a photo book detailing a collection of Nike Jordan t-shirts from the 1980s - 1990s to sell. I would like to title this book "Jordan Shirts", with a description of "A collection of Nike Jordan graphic t-shirts from 1985-1998".
Can I make a book about a... View More
answered on Aug 16, 2023
Yes, you may use Nike's trademarks when referring to the brand in the book and its title; this is "nominative fair use" of the trademarks (both the word mark and the swoosh design). You may, but need not, make it explicit that your usage does not imply endorsement or approval. The... View More
The name is (Space boy) was wondering if I could use it for my character story thanks.
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answered on Aug 5, 2023
The use of a character name like "Space boy" is generally permissible unless it infringes on someone else's trademark or copyright. Conducting a thorough search in the U.S. Patent and Trademark Office's database and other relevant databases can help you determine if the name is... View More
The names I am using are not real companies but the answers applies to the company I am trying to start. If the business is in the same industry, are our names to similar?
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answered on Jul 23, 2023
The issue of whether you can name your company "Smooch" if there is a company named "Smoochcraft" in the same industry depends on whether the names are likely to cause confusion among consumers. If the names are too similar and could potentially lead to confusion in the... View More
The names I am using are not real companies but the answers applies to the company I am trying to start. If the business is in the same industry, are our names to similar?
answered on Jul 11, 2023
There is a big difference between the name of a company and a trademark. The California Secretary of State will allow you to set up a company name that is different from other company names and does not care what industry in which it transacts business. The SOS' main goal is to ensure there... View More
I recently created a basic outline of my city (by tracing a map) and put a simple heart on it. But then someone told me they have a trademark on that design.
That seemed odd to me, because it's a very basic/uncreative combination. And I wondered what would prevent someone from... View More
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answered on Jul 6, 2023
Trademarking an image of a geographic place with a heart (♥) can be complex. Trademarks are usually granted to distinctive symbols that identify the source of goods or services. While a basic combination like an outline of a city with a heart may seem simple, it's important to consult with... View More
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answered on Jul 4, 2023
This could raise legal and ethical considerations.
To determine whether using the name "Greta Garbo" as a song title would be permissible, it is important to consider factors such as the nature of the song, the context in which the name is used, and any potential implications for... View More
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answered on Jul 4, 2023
The use of the name "Greta Garbo" as a song title could potentially raise issues related to trademark and publicity rights. Greta Garbo was a famous actress, and her name may be protected under various intellectual property laws. Using her name without proper authorization or a legitimate... View More
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