My company prints clothing & we want to print shirts with a certain word on it. This word is a verb & describes the action of the specific activity, a pretty common one.
We discovered a company owns the trademark for the word. Its not their primary brand but they have a product with... View More 
answered on Dec 29, 2020
It is possible, but not likely. Shoes could be viewed as being too similar to shirts and hoodies because they are all apparel.
That said, trademark confusion analysis is highly fact-intensive and depends on a number of factors. You should consult a trademark attorney before you take any... View More
answered on Dec 29, 2020
An experienced patent lawyer like myself should be able to conduct a patent search and provide a "freedom to operate" opinion on your products. Without more detail about your product, however, I cannot answer this question.
different handle and no cleaning mechanism
answered on Dec 28, 2020
An experienced patent attorney like myself would be able to compare the patent(s) at issue to the product(s) you intend to develop and give you a proper answer.
answered on Dec 28, 2020
Justia is a great resource for finding IP lawyers. And many IP lawyers can work in multiple states under certain circumstances. For example, I have litigated cases in Washington, Oregon, California, Arizona, and Indiana (among others).
answered on Dec 28, 2020
It depends on what rights you gave to the blog, and if your subsequent usage would exceed those rights. Talk with an experienced copyright lawyer.
My question is about avoiding violating a third-party trademark.
Here’s a quick summary:
A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... View More
answered on Dec 28, 2020
It depends on how you use the trademarked image. Trademark infringement depends on a lot of factors such as: (1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7)... View More
answered on Dec 28, 2020
You still run the risk of copyright infringement from the Harry Potter rights holders; for it is well-established that characters are subject to copyright protection. This is a gray area, however, because "muggle" is essentially a race within the HP world, and the HP rights holders would... View More
PAC are the initials of the artist that wants the stage name PacMan. Again no logos would be used from the game, as well as it being in the music industry, I wasn't sure if it would infringe without the hyphen, as well as the use of it for "entertainment"
answered on Dec 28, 2020
Again, my colleague is not completely correct.
Trademark infringement depends on a lot of factors including:
(1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care,... View More
I understand companies use tricky terminology to describe their patents, is there a way to search just footwear patents?
answered on Dec 29, 2020
Searching for patents takes a lot of practice and experience. Often it will take multiple searches to conduct a thorough "clearance search" for patents.
answered on Dec 28, 2020
Trademark Infringement is a multifactor consideration including:
(1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7) defendant's intent in selecting the mark,... View More
There is this filed.
KEEP IT KIND
Filed: September 6, 2019
Clothing, namely, shirts and hats
Serial Number: 88979131
answered on Dec 28, 2020
I disagree with my colleague. It depends on how you intend to use the mark in question. Trademark infringement depends on a range of factors including the following:
(1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5)... View More
I am unfamiliar with copyright laws so I needed help with several questions regarding copyright and fair use. If I make a video review of a video game, am I allowed to use music from that game in the video for the purpose of review/critique? Is it fair use? If not, how can I contact these companies... View More
answered on Dec 28, 2020
I disagree with my colleague. Critique and incidental use are two strong defenses to a potential copyright infringement claim. This is very fact-intensive, however.
It's a matter of what your risk tolerance is on a particular project. If you provide attribution, that lowers your risk.
answered on Dec 2, 2020
I need more information before this question can be answered. Please consult with a patent attorney.
I have sourced this product from China - many OEM manufacturers who supply and sell these types of wallets on Amazon/ebay other platforms. I was advised by many suppliers that there is no issue to sell as they supply worldwide.
I have made some modifications to suppliers existing wallet -... View More
answered on Dec 2, 2020
Don't listen to manufacturers for patent advice.
To determine if your wallet is patentable, please consult a patent attorney. This is a crowded field of art, so I would recommend a thorough search before filing for protection.
answered on Dec 2, 2020
Yes this is possible. Consult with a patent attorney to ensure you claim "patentable subject matter," because software patents are often rejected on this basis unless you set up your application properly.
I believe that in the US, there is a defense that the infringement "is in the public good". I am in Sydney, Australia, and I would like to remediate the offense (if it is indeed an offence, and prevent further infringements.
answered on Dec 2, 2020
There is not enough information here to answer this question.
"The pillow cushion has a first major surface, a second major surface, and deformable wall members extending between the first major surface and the second major surface. The deformable wall members are located and configured to define voids therebetween such that the deformable wall members... View More
answered on Dec 2, 2020
I agree. We need to see the claims read in light of the specification to see what is covered.
I'm a tutor but not an author.
Let's say I'm teaching poker.
1) I've made a set of PowerPoint slides based on various books that I use when I teach. There are famous card hands given as examples. I know that the hands can't be copyrighted, and the analysis... View More
answered on Oct 24, 2020
1) Copyright covers the expression itself, not the idea. So if you're discussing strategies/approaches/ideas your risk should be low. If this is strictly for educational purposes (i.e. you're only using them for private instruction), this also helps you in a fair use defense to a... View More
Someone been got into my phone
answered on Oct 22, 2020
Please consult a privacy attorney to help you with this matter.
answered on Oct 22, 2020
Please consult an experienced IP attorney to full assess the particular rights of any company. A "FTO" or "Freedom to Operate" opinion is a very important and detailed analysis that should not be taken lightly. To get you started in the right direction, consult the Patent and... View More
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