Your current state is Virginia
the same name, Mangrove Mafia, and they also sell 2 t-shirts, can I not use that name for my company?

answered on Jun 27, 2022
The registration in 2012 of MANGROVE MAFIA is for use on stickers in International Class 16, which also includes other printed matter such as magazines. That registration is up for renewal by 11/14/2022, and could expire if the owner does not submit a specimen of use and declaration.
Your... Read more »
I'd like to build a website where I create CAD models of various products and allow users to visually configure them together to see how it would look, and display stats based on their configuration. An example of this would be showing what one brand of rim would look like on another... Read more »

answered on Jun 27, 2022
The depiction of branded products as you describe, for illustrative and informational purposes, does not infringe the trademarks and is called "nominative fair use" just as it is for reviews and commentary, so long as you are not selling those products. Linking to the trademark... Read more »
My book features purple creatures with one eye and one horn who fly and eat purple people. But that is where the similarity ends. They are animal predators, not musicians. Different, but yes, the similarity is intentional. I have asked permission to use the one, descriptive line of the song.... Read more »

answered on Jun 25, 2022
There are trademark registrations for PURPLE PEOPLE EATER used for apparel, toys, fireworks, spirits and liqueurs.
The visual representation of the creatures would be a matter of copyright, which could be infringed if your work copies them without original creation.
How do I create a lawsuit in the event of an infringement?

answered on Jun 21, 2022
I do not see a patent issue here. Your list of legal topics did not include trademarks which is most likely the form of intellectual property that you should consider. For purposes of providing an introduction to vocabulary and not as a source of legal advice -- you could start with... Read more »
Can I legally call my company name Jedi Roofers LLC? I wasnt sure exactly how copywrite works in this regard. Since I am using Roofers LLC could I legally use Jedi? I see that its in the Webster dictionary defines Jedi as: person who shows extraordinary skill or expertise in a specified field or... Read more »

answered on Jun 19, 2022
This is a trademark question regarding brand names, not copyright, which protects works of expression.
Lucasfilm has registered JEDI as a trademark for various goods and services, but a quick search of USPTO records shows that no application has been made for JEDI used for roofing services.... Read more »
Hello. I had some custom skins for planes made for my flight simulator. Half of the plane is black with a red outline at the end. Turns out a "company" that runs a virtual airline that has a copyright on their paint design in the flight simulator has kind of the same design, half of the... Read more »

answered on Jun 18, 2022
The takedown was probably an assertion of trademark infringement, not copyright. (A tutorial on the difference is something you could get in a free consultation with an IP lawyer.)
If a prior user (owner) of a trademark (which could be a design of/on the goods) finds a confusingly similar... Read more »
Let's say time and money is of the essence.Would it make sense to start the trademark proceeding by going to a 50 dollar online company just to secure the name on the tess uspto site first before the other party does and then get a proper attorney when I am better prepared to afford one?

answered on Jun 17, 2022
It is MUCH better and usually a lot less expensive in the long run to do everything correctly from the beginning rather than trying to fix problems afterwards. Certain mistakes in trademark applications can never be fixed and some errors can be used by unscrupulous competitors to try to challenge... Read more »
What are the advantages and disadvantages of acquiring a trademark name going through an attorney versus going to one of those 50 dollar online companies?

answered on Jun 15, 2022
About the same as hiring an experienced doctor vs paying $50 to a random quack. You may want to read this article about the potential negative consequences of trying to register a trademark on the cheap:... Read more »
We wanted to build our own Interactive Game Facility with 2 Rooms that host a similar game although the Coding would be done by us.
We also wanted to incorporate other Reflex and Arcade Games.

answered on Jun 12, 2022
You should consult an intellectual property attorney to determine differences and similarities, assess IP rights and risk of infringement.
"Elf Bar" Trademark. Is this updated? Is this trademark currently taken?

answered on Jun 12, 2022
There is no existing registration for ELF BAR, in any class of goods or services.
There is a pending application to register ELFBAR (and design) for electronic cigarettes and related goods, based on use since Feb 2022; and another pending application to register ELFBAR BC5000 also for... Read more »
Also, If you cease and desist (even despite not agreeing with the demand) will they usually go away or still pursue damages (hard to prove and the onesss of the trademark owner, under $5000.

answered on Jun 10, 2022
A cease and desist letter must be taken very seriously. First of all, it puts the recipient on notice that her activities may be infringing upon someone else's rights (which means that if she were to continue such activities after the notice, that may be construed as willful infringer). And,... Read more »
I am starting a clothing and accessory brand and am curious on how/if I need to trademark my brand name and logo

answered on Jun 9, 2022
Note: I'm a business attorney, not a trademark attorney. Here is generally what I tell people starting up a new business or entering into a new line of business that involves trademarks.
When you ask if you need to "trademark" your brand name and logo, what you are really... Read more »
Hello,
I have a trademark NOA for a dating service that is free. It is a mobile phone application and a website that serves about 3500+ users - is fair game to file the statement of use for the trademark? Or do I need to start making sales on the app?

answered on Jun 9, 2022
You do not need necessarily have sales. Your product or service needs to be available to the public for use or purchase. In your case you should be able to file a SOU. Consult with an attorney, this is not legal advise.
Hello,
I have a trademark NOA for a dating service that is free. It is a mobile phone application and a website that serves about 3500+ users - is fair game to file the statement of use for the trademark? Or do I need to start making sales on the app?

answered on Jun 9, 2022
This is not legal advice, but in general, a trademark owner does not need to show sales in order to satisfy the Statement of Use requirements in response to a Notice of Allowance from the USPTO. There are many charities and other nonprofits that own U.S. federal trademark registrations without ever... Read more »
I am looking to possibly take this over if it’s available.

answered on Jun 8, 2022
There is no live registration for the mark NERD BOSS. There was an "intent to use" application filed in 2018 for apparel, but abandoned in 2019 after opposition from the owner of several marks consisting of (or containing) the word BOSS (HUGO BOSS, BOSS, BOSS ORANGE, BOSS BLACK, BOSS... Read more »
I found that this individual has successfully managed to register my brand name (which I did not trademark) with US, EU and UK trademark offices. He copied my website and is now copying my products and selling them internationally under my brand name.
Individual is now sending takedown... Read more »

answered on May 27, 2022
You have urgent need to retain experienced counsel to address the hijacking of your brand.
The infringer's trademark registration can be cancelled based upon your prior use, even though you had not registered it. You also have grounds to sue for trademark infringement and unfair... Read more »
I’m looking to start a new business but I first want to trademark the name and idea

answered on May 30, 2022
Generally speaking, you can trademark your business name either at a state level (for example, in California, by registering it with the Secretary of State of California) or nationwide, by filing a federal trademark application with the United States Patent and Trademark Office ("USPTO").... Read more »
The exhibition venue is available to the public, but the admission is ticketed. The fashion brand is a well-know public-facing entity, though, they do not have any affiliation with this exhibition. I am marketing and advertising this as an “honorary tribute and retrospective” and am making sure... Read more »

answered on May 26, 2022
Use of the trademark to identify the goods exhibited, so long as they are authentic and not counterfeit, is allowable and referred to as "nominative fair use" of the brand. It would be prudent, however, to state in promotional materials that the exhibitor is not affiliated with the brand... Read more »
630 - New Application - Record Initialized Not Assigned To Examiner

answered on May 24, 2022
I'm sorry your question went unnoticed for four weeks under this category. Product liability is more about injuries from defective or dangerous products. You could repost this question under the trademark section (click the text "Shore More Categories"). In the third column is a... Read more »

answered on May 23, 2022
A logo for a business is an issue of trademark law rather than copyright law because your logo is how a potential customer would recognize you in the marketplace and distinguish you from your competitors.
To properly answer this question, you should meet with an attorney to discuss details... Read more »
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