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I have registered a business name this year of 2020. however after checking the USPTO site a company in Rhode Island uses the word Borvani in their business name "House of Borvani". It went dead in 1982. I sale cosmetic and beauty they sale jewelry. from my understanding common law only... View More 
answered on Sep 23, 2020
This is a complicated question and you should reach out to a trademark attorney to give you a full and complete response.
The short answer is that it depends on how "House of Borvani" is being used. It's possible it's limited to only one state, but common law trademark... View More
The jerseys do not use any similar colors or shapes of the player’s real team. Also, this made up alphabet that I create will not be disclosed. So it will take other people to “crack the code” if you will, but numbers and length of names will be clues.
answered on Sep 23, 2020
Be careful about the NBA's trademarks, and the players' rights of publicity here. But if it's not readily apparent that you're pointing to another's trademark; or that the players' identities are readily discernible, your risk of infringement here is quite low.
answered on Sep 23, 2020
Generally speaking, using copyrighted content for educational purposes is squarely within the "fair use" doctrine of copyright law. Without knowing a bit more about your situation, it's difficult to answer this fully, but your risk of infringement here is very low.
I am a US resident and need to protect my US registered trademark in Australia. I found that someone has stolen my mark and is using it for the same class of products as my brand. Could I use an Australian virtual mailing address to register my mark? On their trademark website, ipaustralia.gov.au,... View More
answered on Sep 23, 2020
Without knowing other key details here, I believe you should be able to do so. But registering your trademark after infringement may impact your claim for damages or injunctive relief. Feel free to reach out to me with any more questions!
I hired a web developer to design three websites. He bought my domain names and hosted the sites on his server for a year. Before they were set to expire, he contacted me to inquire about renewing hosting. I decided instead I would like to change hosting. The web developer then cut off my websites... View More
answered on Sep 23, 2020
Before giving you a definite answer, I would need to see the contract between you two. But generally speaking, this arrangement is a work-for-hire, and whatever he developed should belong to you. So you will likely have a claim for damages against him.
answered on Sep 22, 2020
I would recommend starting there, and see what the potential purchaser has to say. There are various approaches you can take. Feel free to reach out with any further questions!
I come across one settlement and trademark licensing agreement ("STLA") that is governed by the New York, United States law whereby it is signed by both the Licensor and Licensee but it was not stamped. I am not sure what are the formality / pre-requisite for a STLA to be valid and... View More
answered on Sep 22, 2020
Generally if both parties sign, the contract will be enforceable. What do you mean by "stamped"? Feel free to reach out with any questions.
-Tim
Or this
answered on Sep 22, 2020
There are no federal trademark applications for this name. But without doing a full search, you should know it is possible someone could be using it without a federal registration. Feel free to drop me a line if you'd like to discuss further!
-Tim
i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?
answered on Sep 22, 2020
It depends on how long it has been abandoned. It is possible to revive if it has not been too long. I have revived several abandoned applications in the past, so if you would like some help, feel free to reach out!
answered on Jul 12, 2018
Short answer is it depends on how you use it. The classic Fair Use Factors are (1) the purpose and character of your use; (2) the nature of the copyrighted work; (3) the amount and portion of the work used in relation to the work as a whole; and (4) the effect of your use on the potential market... View More
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