Lawyers, Answer Questions  & Get Points Log In
Trademark Questions & Answers
2 Answers | Asked in Trademark on
Q: Is this trademark still valid ?
Nicole Schaefer
Nicole Schaefer answered on Jul 26, 2021

What trademark are you referring to? My suggestion is to speak to an attorney and have a search done. Good luck!

View More Answers

2 Answers | Asked in Trademark for Iowa on
Q: Is Red Dead Rocket trademarked

I started a YouTube channel and chose this as a name. Is it okay to use?

Linda Liang
Linda Liang answered on Jul 24, 2021

You need to hire an attorney to conduct a thorough research to be sure.

View More Answers

1 Answer | Asked in Intellectual Property, Legal Malpractice and Trademark for Florida on
Q: Is it legal to record a movie for personal use from a DVD one owns?

Hello,

I am wondering if it is legal to record (copy a movie to save as .mp4) a movie with VLC that has been legally purchased (first sale) for personal (non-distributed) use. I would not like to retain the original DVD's (as I travel a lot and enjoy the convenience of a digital... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 23, 2021

Depends.

You should consult with an attorney to address your concerns.

4 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Florida on
Q: Do I need a licensing/trademark specialized lawyer?

I'd like to open a DC comics-themed restaurant, do I need to buy a license from them, even though most of the characters are not listed for Hotels and Restaurants?

Adam Ira Skolnik
Adam Ira Skolnik answered on Jul 17, 2021

Yes, as well as corporate and possibly tax. The characters, likeness and their use are currently owned by DC Entertainment which is a subsidiary of Warner Brothers etc..

View More Answers

1 Answer | Asked in Patents (Intellectual Property) and Trademark on
Q: Hi, what does it mean when someone has an patent on a product?

I am wondering if someone has an patent on a invention, if you can not use 1 part of the invention and make it your own style. Like other material, other design, and add material to make it a ' better' version in your own perspective.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 12, 2021

Depends

A patent may be made up of parts that belong to somebody else, so even if you use only a portion, somebody else may have rights you are infringing.

Further, you can patent an improvement, but you may be barred from using it because it contains IP that belongs to others....
Read more »

1 Answer | Asked in Civil Rights, Elder Law and Trademark for Missouri on
Q: Can someone sue an individual who directly misuses them financially? I'm disabled.

This man was homeless and I chose to help him, he used me, he has money, and always did, he pretended to care for me, to keep a roof over his head. He is abusive.

Linda Liang
Linda Liang answered on Jul 10, 2021

It depends on what you want him to do. You can ask him to leave. If he refuses, you can sue to eject him.

1 Answer | Asked in Copyright, Internet Law and Trademark for Massachusetts on
Q: My dad was an ebay guy in the 90s . I sold.com was mailed to him then. Does he still controll it? Not used in years than

I found a catalogue mailed to my dads house. No postal stamp that I see. He was an EBay guy back in 98 to 02. I never knew of Isold.com. But a catalogue was mailed to his house with that in the name line. Could he still have controll of that name? Could it be sold to pay for his long term... Read more »

Omar Darwich
Omar Darwich answered on Jul 9, 2021

alot of depends here. I think more facts are going to be needed.

best course of action would be to consult with an attorney

2 Answers | Asked in Trademark for New Mexico on
Q: Is Wake Pray Slay free to be used by anyone for tshirts or is it still trademarked?

Curious because it says "Abandoned-Failure To Respond Or Late Response"

Omar Darwich
Omar Darwich answered on Jul 9, 2021

Just because you're seeing a failure to respond to an office action does not mean the mark is free to use.

Your best bet would be to consult with a trademark attorney. We don't bite!

View More Answers

2 Answers | Asked in Intellectual Property and Trademark on
Q: Can you put famous companies as stickers on a website that sells custom stickers just to show off the product?

I run a custom sticker company and want to show stickers of other companies logos on my site just as an example of what our printers can do. I will not sell the logos obviously, but I want to use them as stickermule.com does. Will I get in legal trouble if I do this?

Omar Darwich
Omar Darwich answered on Jul 9, 2021

There is something called the Fair Use Doctrine which allows individuals to use another's trademark in its non-trademark, descriptive sense or in its trademark sense to refer to the trademark owner or its product.

With that stated however, your best bet would be to consult with an...
Read more »

View More Answers

2 Answers | Asked in Trademark for New York on
Q: Can I start a trademark that sounds similar to a registered trademark in a similar industry?

Sisea- Registered for clothing.

Seasi - Unregistered but would like to trademark it for swimwear.

Omar Darwich
Omar Darwich answered on Jul 7, 2021

Your best option here is to consult with an attorney.

You run a serious risk without doing so due to what is called likelihood of confusion.

Thats why you don't see companies called "NYKE" selling clothing.

View More Answers

2 Answers | Asked in Business Formation and Trademark for Washington on
Q: Can I "do business as" the same name as a trademarked name in a completely different industry?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 7, 2021

Maybe

You need to consult with an attorney to review your options and risks

View More Answers

Q: how to make sure that shoes I'm importing from China to Ontario Canada are not infringing any copyright-patent?

I am talking about shoes that neither have logo of a famous brand nor their design is similar to a famous brand. (but who can be 100% sure that some part of the design is not similar to some brand design out there?!)

how can I firstly avoid infringing copyright and secondly - if it happens... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 7, 2021

You need a legal strategy and you should consult with an attorney for sure.

For one, you could put in your contracts a clause that they guaranty the title to any intellectual property.

Best luck.

5 Answers | Asked in Trademark for Texas on
Q: How can I trademark my podcast name?
Bill Hulsey
Bill Hulsey answered on Jul 7, 2021

Yes, just as with any service mark. As long as it is not confusingly similar to another's podcast or similar product/service name.

View More Answers

1 Answer | Asked in Federal Crimes, Internet Law, Small Claims and Trademark for New York on
Q: Can I sue someone if they borrowed around 10k from me and he hasn’t returned it since.I’ve asked multiple times for it.

I have text history of giving him this money but I’m not sure if that’s considered legitimate evidence. This man continuously ghosts me everytime after he promised he would get it to me.

Linda Liang
Linda Liang answered on Jul 5, 2021

Yes, you can. Text history is a form of proof if it clearly indicates the debt and the other party did not dispute.

1 Answer | Asked in Trademark on
Q: Is a crochet toy illegal to sell if it was inspired by a squishable trademarked toy?

I made a crochet toy (for personal use), which was inspired (not identical) to a squishable toy which has a trademark. The original is trademarked under THE MYSTERIOUS DOCTOR PLAGUE. I am not even sure if the name can contain Plague Doctor in this case, if I wanted to sell my handmade toy. The... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 2, 2021

You should consult with an attorney to understand your risks and options.

2 Answers | Asked in Trademark for Ohio on
Q: I have small business and make rhinestone and glitter tumblers.If I use Starbucks cups but don’t alter the trademark

Can I get in trouble for selling them.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 1, 2021

Very possible.

Reselling a product with another person's brand for commercial purposes can be infringing.

Consult with an attorney.

View More Answers

2 Answers | Asked in Trademark for Rhode Island on
Q: Is it legal to be using my name in a trademark store Jerris Apparel?
Carl P. DeLuca
Carl P. DeLuca answered on Jun 30, 2021

Could you clarify that question? I'm not sure what you're asking.

View More Answers

4 Answers | Asked in Intellectual Property and Trademark for Utah on
Q: Is the name of my podcast infringing a trademark, and should I change it?

I have a podcast, and we are just coming up on 10 episodes this weekend. After a google search, and I don't know why I didn't think to do this before, we realized that there is another podcast by the same exact name as ours! In fact, there are two or three. I'm worried we could get... Read more »

Omar Darwich
Omar Darwich answered on Jun 29, 2021

So I don't want to sound like Im beating a dead horse, but you should consult with an attorney.

That might not be enough to pass the likelihood of confusion test or perhaps there might not be a need to add that subtitle.

consult with an attorney! we dont bite

View More Answers

3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I create a domain name, and if the domain name happens to be someone's Twitter handle, is that a illegal?

In other words, if the domain name I've created and purchased also turns out to be someone's personal Twitter handle (not a business), would that be a violation of any copyright/trademark/intellectual property laws?

Omar Darwich
Omar Darwich answered on Jun 27, 2021

The most likely answer you're going to get here is "it depends".

You should feel free to consult with an attorney so you can discuss more specific facts.

View More Answers

1 Answer | Asked in Trademark for Florida on
Q: Can same words have a "standard character mark" and a "style mark" with specific artwork from a different company?

There is an existing "standard character mark" for a 4-word phrase owned by another company, but I want to register and use that same 4-word phrase in a "style mark" that incorporates our company logo.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 26, 2021

Don't recommend it at all

Very risky

Consult with an attorney for an evaluation of your risk and options

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.