I want to make a limited 100 piece run for Christmas sales of Leicester City Football Club Logo light up signs. Lots of other products mentioned in trademark but not light up signs.
answered on Oct 9, 2020
It would depend on how the senior user is using the mark in question. A primary factor in a trademark likelihood of confusion analysis is "relatedness of the goods." There is not enough information in the above hypothetical to provide you with a definitive answer. Please consult a... View More 
There is a website called MOBAFIRE that is a community guide website for League of Legends. I want to want a similar site for a game called FAULT. Is using the name FAULTFIRE okay?
answered on Oct 6, 2020
You need to avoid all potential areas of "likelihood of confusion" in trademark law. This is a highly fact-intensive inquiry based on a number of factors. Different federal jurisdictions have slightly different tests for likelihood of confusion. For example, the Ninth Circuit Court of... View More
answered on Oct 6, 2020
Most likely yes. It would depend largely on the purpose for such destruction/tampering.
answered on Oct 6, 2020
Ideally use a personal contact, or find one. If none exist, you will have a hard time getting its attention. However, there is some precedent for Elon Musk taking notice of people who reach out to the company directly via Twitter. If you're lucky you might get someone's attention.... View More
Are there any copyright violations? I believe that someone I am friends with on Facebook, took a screenshot of my private pictures and shared them via email with this blogger? Is it worth retaining a lawyer?
answered on Oct 6, 2020
This will largely hinge on (1) Facebook's Terms of Use ("TOU"); (2) Your privacy settings on this particular photo; and (3) the manner in which you chose to have this photo shared. Generally your right to privacy only extends to where a person "has a reasonable expectancy"... View More
So I'm interested if i could for example create my own trademark with the name like Miami Walk Of Fame with my own unique design ? And would i get any trademark infringement from the following trademark? So basically I am asking may i use the "walk of fame" phrase part in my name for the company?
answered on Oct 6, 2020
I'm a little unclear as to what you're intending to do ...
If you adopt a mark that is confusingly similar to the Hollywood Walk of Fame, you will likely be accused of infringement by the mark owner. However, if you just adopt a portion of the phrase and/or alter it significantly,... View More
He sent an email threating to take us to court under the German Law if we didn't sign this by
9/30/2020- The person named below as respondent
1Zumba address (respondent) hereby undertakes in respect of
Anthony Ayiomamitis, Oropos (www.perseus.gr) (complainant)... View More
answered on Oct 6, 2020
He would have to demonstrate that he could get jurisdiction over you in a German or EU court. I have no idea what actions he is accusing from this above description, but it seems unlikely he would be able to accomplish this feat. You should consult with a copyright lawyer with DMCA experience as to... View More
One of my hobbies is photo editing, and sometimes my ideas involve people. My question is, could I edit/photoshop images of a celebrity I like and post them, or would I need direct permission from them? It would be posted on a social media site, like Instagram, and wouldn’t be sold commercially.... View More
answered on Oct 6, 2020
An exception to the right of publicity protection exists when you're discussing a "newsworthy" matter. So it depends on how you're using the photos.
answered on Oct 5, 2020
Not necessarily. A trademark that is shown as being abandoned on the Trademark Office's website can still theoretically be used by the owner. Consult a trademark attorney to do a proper trademark search and give you an opinion on moving forward.
answered on Oct 5, 2020
It is also possible that the goods/services you intend to use are within the senior user's "zone of natural expansion." In other words, if your goods are even "related" to their goods, you could still be at risk of infringement.
Hey! The internet is sort of in a bind right now due to the "Primagen" situation, and the people need answers.
Can an artist charge people for the right to make a fanart of their fictional species? Like they make a concept and certain criteria and guidelines. If someone's... View More
answered on Oct 5, 2020
You raise a ton of issues here, but I'll address a couple. Copyright protection attaches to the creation of new characters and in some cases new "races" or "species," but generally does not protect common well-known elements (aka scene-a-faire doctrine in copyright law).... View More
trademark for our club patch has expired brian is no longer part of our club i need ownership of patch
answered on Oct 5, 2020
I need more information before I can answer this question. Reviving an expired (abandoned) trademark can be done fairly simply with a petition if it is done within 6 months from the date of the abandonment.
Pudiya means new in foreign language and indiya means India
answered on Oct 4, 2020
You should consult a trademark attorney to see if the mark is in fact "suspended," and if so, for what reason(s) is the mark suspended. There can be a number of reasons why this could be the case, some would enable you to refile for the same mark, and others not so much.
More... View More
I want to contact someone named Eric Johnson to ask if I can buy one of his patents
answered on Oct 4, 2020
You should consult a patent attorney to discuss potential sale/assignment/licensing of a patent. There may be publicly available pieces of information that can point to the correct contact information for an inventor, and a patent attorney will help craft a contract to protect your best interests... View More
My original birth name is trademarked. How would this effect my ability to use it In business? I would like to use my real name for future Business ideas and brands.
answered on Oct 4, 2020
Generally speaking, trademark law does afford you additional flexibility in using your own name for your own business under the "fair use" doctrine. But you should still be mindful of any potential "likelihood of confusion" with the other brand. Also, avoid using your name in... View More
Can I use them or are they now copyrighted?
answered on Oct 4, 2020
What do you mean by "past copyright"? Are the images in the public domain? Please clarify your question. Thank you.
I have a eyelash line and I want to change my packaging. The packaging would look like the skittles design, the rainbow and all that but the name on on the package would say lashbites instead of skittles. Same for sourpatchkids, airheads, lifesavers. Every package will have that design but the... View More
answered on Oct 4, 2020
This is most certainly not okay.
You are running the risk of infringing upon the trademark, trade dress, and copyright rights of all of these brands. Even if the name is different, if you utilize packaging "look and feel" and/or artwork from another, you will have a very high... View More
answered on Oct 4, 2020
The U.S. Trademark Office charges $225-$275 per trademark application per "class of goods." Talk to a trademark attorney to see how many classes would be in-play for your application.
It is possible to register a pizza design as a trademark, but I would need to know a little more... View More
answered on Oct 5, 2020
A clearance search involves at least a search on the USPTO trademark database (aka "TESS") as well as various third party search engines over the exact name you seek; as well as names that are similar in sight, sound, and/or meaning.
You also have an acronym of "SCUM"... View More
I want to print t-shirts using a name that is featured in a cartoon series. To be more specific, the series South Park is having one of their characters running a farm called Tagridy Farms. Would I be allowed to use that name? I've searched for trademark registration in regards to the subject,... View More
answered on Oct 2, 2020
What a fun issue!
The short answer is "maybe." It is possible this name is protected under copyright law and/or trademark law. Copyright law protects tangible expressions, and that includes characters and sometimes fictional places. Here, the folks at South Park would probably... View More
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.
