It depends on the service or product on in in connection with which you intend to use this trademark. There are several active U.S. registrations for the BONNIE AND CLYDE mark and there may be others not registered but in actual use in commerce in the U.S. (so-called "common law" marks). I...Read more »
I'm a video editor and was hired to make an internal use video for one company that wants to expand their business. As a part of the video, we need short animation showing the race for electrification in the automotive industry. I need to include logos of the GM, TESLA, NISSAN, and other industry... Read more »
I developed an educational program that my company charges clients to use. It was something I had developed both prior and during employment with the company. There was never any terms written about who owns the material. If I decided to leave the company, do I have ownership of the educational... Read more »
Under the facts that you describe, and absent any written provisions to the contrary, I would say that your work is a "work made fore hire" within the scope of your employment. If so, your employer owns the copyright to this work.
In the U.S., registration of a term or phrase is not required to establish rights if the term or phrase is already in use in commerce as a trademark to identify your company as the source of its products and/or services. Registration (federal or state) does provide some certain substantive...Read more »
If the trademark was registered with the U.S. Trademark Office, but the status of the registration is listed as abandoned, that does not necessarily mean that the trademark is no longer in use in commerce and abandoned within that context. It may still be in use in commerce and protected under...Read more »
My children's story was performed for the public by a director friend and a radio station recorded it for us. They now want to play it on the radio and need me to sign a release form giving them copyright over the broadcast recording. I am still trying to get my story published in book form and I... Read more »
I would have the release carefully reviewed by a copyright attorney. Depending on the language in the release, it is possible that you are assigning (giving up for all time) at least one and maybe all of your bundle of exclusive copyright interests. Since it appears that you do not want to do...Read more »
I made a "bunch" of Harry Potter robes for 18 inch dolls and put them on my esty shop. I listed them AS "Harry Potter robes for 18 inch dolls". After a week or so a spokesman for Warner Bro. submitted a notice of trademark infringement and Etsy took down the robes. IN that notice were trademark... Read more »
Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry Potter" trademark applications...Read more »
I know I can't sell similar items or represent the website in a way that may confuse customers of NewEgg.com, but how likely would NewEgg be to take my domain if I'm advising customers on how to buy or sell on their website?
Your question is a common one, and I typically advise any client who asks it as follows. If you have to ask an attorney that question, you probably realize that your proposal to adopt a domain name incorporating another's domain name or trademark is a potentially risky one. Because of this, I...Read more »
I agree with my colleague. The determination of abandonment can be a factually and legally complex one. Before you take your proposed action, I strongly suggest that you obtain an availability clearance opinion from a competent trademark attorney.
If you would please clarify what question you are asking, that would be appreciated. If you are inquiring if your use license can charge a fee for commercial use of the proprietary software, while allowing such use free for non-commercial purposes, I see no reason why...Read more »
I want to have a blog that compares and contrasts celebrities, sports teams, musicians etc. I also want to ask readers who is better than who. For example: who would you rather have lunch with, Michael Jordon or Labron James? I want to be able to include images but cannot afford to pay for rights... Read more »
Under the U.S. Copyright Act of 1976, as amended, copyright is automatic upon the creation and fixation of an original work of authorship in a tangible medium. Placing copyright notice is not required, but provides some worthwhile benefits. Registration with the U.S. Copyright is not required to...Read more »
In 2016 A partner and I formed a product oriented company. We spent months of planning and research to choose our company name and product name. We also consulted with two attorneys in choosing the product name. We proceeded to purchase a domain, file a Delaware trademark registration, and a... Read more »
My initial thought is that your mark registration is safe. Priority refers to the filing date afforded to foreign applicants meeting certain criteria. I would guess that your mark will proceed through the process without negative impact from the foreign application.
We are going to incorporate a software company in Delaware. There is a trademark for the same company name but in the oil in gas industry in Texas. Also doing a google search, we see that there are other business using the same name in the software sector, but they don't appear to have... Read more »
I suggest discussing the matter with a trademark lawyer prior to spending $$ acquiring and developing the trademark. In the U.S., neither federal nor state registration creates the underlying right to adopt and use a term as a trademark in commerce. Actual use of the mark establishes that...Read more »
If I were to make a polo shirt to sell online with the words “American Express” embroidered on the chest without a logo, and in similar but different font would I be at risk of copyright infringement? As long as it wasn’t printed on any type of financially related things that could mislead... Read more »
No you would not be O.K. to sell it. "American Express" is likely to be considered a famous mark and probably protected by federal trademark registration. In addition to potential trademark infringement, you might also be at risk for for liability under federal anti-dilution laws.
Not likely a copyright infringement, but quite possibly an infringement of those companies' trademarks. More importantly, I imagine those trademarks would qualify as famous marks and likely registered with the U.S. Trademark Office. I think your venture carries some significant legal risks.
Hello I am currently developing a college football website, and I created a logo that I am wondering if it would be OK to use. The logo uses the Big Ten conference font and says "B1G" like the Big Ten logo, but it is stretched out and there is a football filled inside of the letters (might be... Read more »
You probably should discuss this with an experienced intellectual property attorney. The issue may implicate issues of both copyright and trademark law. Your proposed logo may infringe the trademark rights of the Big Ten Conference if your logo creates consumer confusion as to the source of your...Read more »
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