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answered on May 7, 2020
Probably not if the copyright in the song is still active.
Is there anything illegal with me not getting a cut or signing off consent
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answered on May 5, 2020
Copyright doesn't protect ideas so it would depend on what you actually said and whether it could be considered "fixed tangible expression" as defined by the Copyright Act.
Been resolved - thank you!
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answered on May 4, 2020
You want to enlist the help of an attorney with a cease and desist. Trademark owners have to police their mark so some will for infringement when the cease and desist letters go unanswered while others may not.
I have a small online jewelry business and a competitor filed a notice of copyright infringement on the platform where I sell. The designs she mentioned are fairly simple using mass produced charms and embellishments available from common jewelry supply sites. I checked the registration number she... View More 
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answered on May 4, 2020
No the copyright protection in the photographs do not extend to the items themselves. However, it may be that she may thinks that you used the photographs (or she could just not understand how copyright works which is a strong possibility).
There is currently a company with the trademarked name "Tasty Box." They do hotel and restaurant service.
My Tasty Box is for a Potato Chip Brand. Can I still receive trademark for my company?
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answered on May 4, 2020
You may be able to register the mark if the USPTO doesn't consider your requested class a related good or service of the registered mark. Feel free to contact me for assistance.
I own two-word domain name as an example, "GuideExample.com," I purchased this domain many years ago due to the name "GuideExample" it was first used by the previous company in 2002 to sell digital products and services till May 2008.
When using basic word mark search... View More
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answered on May 1, 2020
When you say "first used by the previous company" did you purchase the business and the goodwill that went along with it? If not, the use date is based on your first use of the mark in commerce. You can't stack your use on the use of someone else if they are not a predecessor in... View More
Certain foods have its ingredients listed in a specific order. Based on that I created an algorithm that can calculate ingredients percentage in a formula (that may or may not be different from the manufacturer’s). Can I post my calculations on my website (of course I will mention that these are... View More
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answered on May 1, 2020
Reviews of a product have particular protections, but understand that some manufacturers are more litigious than others. If your algorithm is incorrect, and results in a misrepresentation of their product, they may try to pursue legal action.
My name is visible, as my Twitter handle.
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answered on May 1, 2020
It depends on how the tweet was used, but more than likely, there is no recourse for damages.
I can figure out recipes (may be or may not be true) of manufactured food products by using publicly available ingredients lists and my algorithms. I want to post them on my website and then rate products and review them - whether I find them healthy, safe, etc based on their ingredients amounts... View More
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answered on May 1, 2020
Reviews of a product have particular protections, but understand that some manufacturers are more litigious than others. If your algorithm is incorrect, and results in a misrepresentation of their product, they may try to pursue legal action.
I am looking to start a business with with State outline logos for hats, shirts and jackets similar to the Masters, but it will be individual states such as Georgia, Alabama, Texas etc...not the outline of the United States I want to make sure I am not or will not enter any legal issues moving... View More
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answered on May 1, 2020
The geographic boundary of a state is not protected, but you have to make sure that your design doesn't infringe on someone else's. I would contact a trademark attorney to discuss the word mark or design mark (logo) that you intend on using to be able to get more tailored advice. Feel... View More
I have been developing a video game for more than a year now. Early on, I did a google and TESS search for any similar products, in the same class, with the same name. Nothing existed at that time, but I neglected to register a trademark for the name.
Searching this time around, there still... View More
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answered on May 1, 2020
There are strict privacy rules that prohibit universities from disclosing student information. If you have the student's name from the article, you can probably do a Google search to see if you can find the student. However, I see that you said that you have already applied for the... View More
I own a two-word domain name as an example, "GuideExample.com," I purchased this domain many years ago due to the name "GuideExample" it was first used by the previous company in 2002 to sell digital products and services till May 2008.
When using basic word mark search... View More
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answered on Apr 30, 2020
When you say "first used by the previous company" did you purchase the business and the goodwill that went along with it? If not, the use date is based on your first use of the mark in commerce. You can't stack your use on the use of someone else if they are not a predecessor in... View More
Word mark for a brand ie Clothing, footwear, headgear. Goods and services etc
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answered on Apr 30, 2020
Cost varies depending on a few factors such as how many classes you're seeking to register the mark in, whether you're trying to register just the word mark or the word mark and logo. It's best to do a consult with an attorney who can give you a price specifically tailored to your needs.
This logo would be to print on t-shirts to sell on an online store.
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answered on May 1, 2020
It's not truly parody if there is no comedic or ridiculing effect. Simply rearranging the letters will not be enough. Also, keep in mind that one of the remedies for infringement is destruction of EVERYTHING that has the infringing mark on it. So all your t-shirts, whatever you use to print... View More
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answered on Apr 21, 2020
If the goods or services are identical or closely related, yes an examiner is likely to issue a 2(d) refusal for the mark based on the likelihood of confusion between the two. I would suggest contacting a trademark attorney who can do a comprehensive search for you so that you can build a... View More
My logo says Boujee GIRL UNLIMITED. There is already Boujee girl Cosmetics. Will I have a problem getting approved?
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answered on Apr 21, 2020
It's not about how long you've had your domain, it's about use in commerce. Some people use the mark for long periods of time before registering the mark and some do not. If their use came first, they will have priority. If your use came first then you may have priority for the... View More
We’re worried that because Disney is so strict with their brand that they’ll take down our videos if their logo is showing anywhere on the screen. This is for YouTube we are only reviewing our personally owned products.
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answered on Apr 21, 2020
Keep in mind that "fair use" is a defense to infringement. And yes, you're correct that Disney is very litigious, but reviews and commentary are protected under the statute.
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answered on Apr 21, 2020
It's not clear which song you intend on playing, where and how. The song in the public domain may be able to be used, but the person who wrote the new song has copyright protection in their song.
In specific trademark Serial Number: 86829892
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answered on Apr 15, 2020
Just because a mark is abandoned, doesn't mean it's not in use. I would suggest reaching out to a trademark attorney who can help you to do a comprehensive search and assist you in better protecting your brand.
from what i understand it was abandoned in 2017
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answered on Apr 9, 2020
Just because a mark is abandoned doesn't mean it's not still in use and the person may have common law rights. I would suggest enlisting the help of an attorney who can help you do a thorough search. Feel free to contact me at tania.williams@williamsfirmpa.com or 561-370-7396.
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