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Trademark Questions & Answers
1 Answer | Asked in Trademark for Florida on
Q: If I want to start a fishing apparel company names Mangrove Mafia, but the trademark is registered under "sticker" for

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

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Will my website idea violate any copyright and/or trademark restrictions?

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 »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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 »

1 Answer | Asked in Trademark and Copyright on
Q: Is the character, "Purple People Eater" trademarked? Can I use the phrase in a book, and use similar characters?

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 »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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.

3 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Hello,What are all the legal Intellectual property suggestions to take so I can protect the name, logo, brand, etc.?

How do I create a lawsuit in the event of an infringement?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
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 »

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1 Answer | Asked in Trademark for Florida on
Q: Can I legally call my company name Jedi Roofers LLC?

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 »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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....
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1 Answer | Asked in Copyright and Trademark for New York on
Q: Hello Lawyers. I have a question. Can someone copyright something if it looks like it a little?

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 »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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...
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2 Answers | Asked in Trademark for New York on
Q: Trademark??

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?

Sergiy M Sivochek
Sergiy M Sivochek
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 »

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1 Answer | Asked in Trademark for New York on
Q: Trademark attorney or online?

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?

Sergiy M Sivochek
Sergiy M Sivochek
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 »

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark on
Q: Can I do something similar to this concept in Germany since a Colleague and I wanted to build a similar Facillity?

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.

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Jun 12, 2022

You should consult an intellectual property attorney to determine differences and similarities, assess IP rights and risk of infringement.

1 Answer | Asked in Trademark for Ohio on
Q: Is this an updated version of the trademark details for "Elf Bar"?

"Elf Bar" Trademark. Is this updated? Is this trademark currently taken?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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...
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2 Answers | Asked in Trademark on
Q: when a lawyer sends a cease & desist order on a trademark infringment and threatens litigation, should one reply?

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.

Sergiy M Sivochek
Sergiy M Sivochek
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 »

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4 Answers | Asked in Copyright, Business Formation and Trademark for Kansas on
Q: Do I need to trademark my brand and logo

I am starting a clothing and accessory brand and am curious on how/if I need to trademark my brand name and logo

Michael Ray Smith
PREMIUM
Michael Ray Smith
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...
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3 Answers | Asked in Trademark for Missouri on
Q: Hello, I have a trademark NOA for a dating service that is free. Can I file statement of use without making sales?

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?

Marcos Garciaacosta
Marcos Garciaacosta
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.

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3 Answers | Asked in Trademark for Missouri on
Q: Hello, I have a trademark NOA for a dating service that is free. Can I file statement of use without making sales?

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?

Sergiy M Sivochek
Sergiy M Sivochek
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 »

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1 Answer | Asked in Trademark for Washington on
Q: Is the trademark for Nerd Boss available?

I am looking to possibly take this over if it’s available.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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 »

1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark on
Q: Someone is impersonating my business. What can I do?

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 »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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...
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4 Answers | Asked in Trademark for Georgia on
Q: How can I trademark my new business name?

I’m looking to start a new business but I first want to trademark the name and idea

Sergiy M Sivochek
Sergiy M Sivochek
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 »

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1 Answer | Asked in Trademark for Hawaii on
Q: I’m producing a fashion exhibition with a vintage privately-owned collection. Do I need a trademark license?

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 »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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 »

1 Answer | Asked in Trademark on
Q: Good day. I want to ask if this means that he currently owns a trademark?

630 - New Application - Record Initialized Not Assigned To Examiner

Tim Akpinar
Tim Akpinar
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 »

1 Answer | Asked in Business Law and Trademark for Michigan on
Q: So I wanna start a business And i wanna make a logo with the outline of a gtr (a car) will I get copyrighted or sued
Evan Ficaj
Evan Ficaj
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...
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