Get free answers to your legal questions from lawyers in your area.
answered on May 3, 2019
Usually, things printed on clothing are not considered identifiers of source. Trademark protects against source confusion, and frequently the things printed on clothing are considered ornamentation rather than suggestive of the quality or origin of the clothing itself. Nevertheless, you may be able... View More
Can you please let me know what I can do?
answered on May 3, 2019
No, a US registration is limited to the US. You would need to follow the Madrid Protocol to secure trademark rights in other countries. If you are selling products in Turkey, and someone else has a registration, there are several things that need to be addressed (such as whether the person is... View More
Let me know at brianrmccaughrin@gmail.com
answered on May 3, 2019
That all depends on what products or services the mark will be applied to. Usually, a trademark attorney will review existing marks to determine whether it is a registrable in the first place, and then also include in the services preparing a trademark application if it is. Expected budget $500... View More
I’m planning on opening a sports cafe in Indianapolis area
answered on May 3, 2019
If you're going to be a Chicago Cubs themed bar, you might need a license from the team. Even if that specific phrase is not trademarked, you could run into problems, and I recommend allocating some of your startup budget to legal counsel on this issue (and perhaps proper licensing, business... View More
answered on May 3, 2019
A patent is not the same thing as a trademark, and a slogan is not patentable but may be a trademark. Try searching the USPTO's website, TESS (trademarks) for the mark in question.
looking for someone to register an American trademark with a large number of classes, or finish a trademark which I`m buying together with Amazon account (if possible). Does somebody help with TM and the brand registries on Amazon?
answered on May 3, 2019
Yes, there are many attorneys who can help you with this. Based on what you describe, you might require what is called a "house mark." Just be forewarned that for each class the USPTO charges a fee of at least $250. I would be pleased to discuss how I can help fulfill your goals: 202-713-5292.
The company/person who has a registered trademark comes to know that his trademark is being used by some other person/company. The trademark holder company sends a cease and desist notice to the infringing party upon which they gave an undertaking that they shall not use the said registered... View More
answered on May 3, 2019
If the "undertaking" as you describe it is an enforceable contract, then it might be breach of that contract. If there is no contract (i.e. settlement agreement or license), then there may be a valid claim for trademark infringement. It doesn't matter that the agreement was not part... View More
please email us at: concierge-66203@mg.magic.gd
answered on May 3, 2019
Fair use. This topic has been heavily litigated, and there are many cases about what is allowed and what is not.
The company’s owner was involved in a lot of fraudulent activity upon which his father “bought out” the company and requested I create a new company name, logo & slogan. I did so and because of refusal to compensate fairly, my
contract was ended. I’ve sent a cease & desist... View More
answered on May 3, 2019
A lawyer would have to evaluate the contract you signed to determine if you agreed to transfer your creative rights to the company that contracted you. Contact a Texas attorney, assuming your contract is governed by Texas law (it could be any state).
My sister had a minor car accident when she hit an old lady's car while changing lanes, but it wasnt a major accident as it only scratched the lady's car. The cop gave my sister just a warning as it was her first accident and the damage was really low, even the lady said she wasn't... View More
answered on May 3, 2019
I would be pleased to discuss how you can defend the case: 202-713-5292 (cell).
I moved into an apartment complex that requires you to use their internet/phone company. I have a work from home job taking inbound calls. In three weeks living here, I have missed nearly 40 hours of work from phone outages due to no fault of my own. Am I able to somehow seek compensation for lost... View More
answered on May 3, 2019
Probably not, unless there is some document indicating that (1) you can operate a business from your apartment (this is frequently prohibited by the condo/apartment building), and that (2) the owner/condo agreed to provide the internet service with certain guarantees or warranties about up-time.... View More
answered on May 3, 2019
Absent some agreement with the card processor, yes. Florida Statute 501.0117 was ruled unconstitutional. See Dana’s RR Supply v. Fla. Attorney Gen., 807 F. 3d 1235 (11th Cir. 2015).
Not put the pay off for the vehicle we were trading in and now my payments will go from 409. To 700. That was not the agreement.
answered on May 3, 2019
This sounds suspicious. I've sued dealerships before, and would be pleased to discuss your case further: 202-723-5292 (cell).
I need assistance to file a summary or letter of administration in Pasco county, Hudson, FL. for an inexpensive fee. There really is no estate, only a wrecked motorcycle, and an insurance claim for the motorcycle of >$4,500. For the past 4 years, my uncle resided rent-free, at my property in... View More
answered on May 3, 2019
I suggest contacting a legal aid clinic. They often are able to help with cases like this. Since you're in Pasco County, Bay Area Legal Services might be able to help. Good luck.
Can my parents take my phone if I am 15 and I bought the phone under my own name and with my own money. If they take it away is that stolen prop
answered on May 3, 2019
Whether it is "stolen" or not, I'm guessing there's at least a fair reason the phone was taken from you, even though you seem to disagree with that reason. At 15 years old, you are probably still considered a "minor" which means you are too immature to have certain... View More
This seems odd that a pre-existing property that pre-dates this copyright registration by an American company would be at any risk for legitimate lawsuit. How can an existing intellectual property be registered to a company whom has no legal contract or agreement with said owners, and furthermore... View More
answered on May 3, 2019
You ask a very interesting question, but unfortunately, it is laden with too many factual issues to provide a clear answer. Your best bet is to study copyright infringement, and when derivative works are insufficiently indistinct from the original source material. There might also be contractual... View More
Ddddddd
answered on May 3, 2019
Almost certainly no. That patent expired long ago, and unless (1) there was a license and (2) there are unpaid royalties under that license, there is no money just because there's a patent.
what can we do?
answered on May 3, 2019
I agree that the letter you sent should be carefully evaluated. Besides a patent infringement lawsuit, you might be able to pursue a Section 337 ITC action (international trade commission) that would prevent importing the infringing product into the United States. Obviously, if they're making... View More
answered on May 3, 2019
The FULL cost to patent something depends on the scope of protection you want. The cheaper fees you might be getting quoted ($3k to $5k) might lead to a very narrow (less valuable) patent, and most importantly, that is only to get the process started! It is very unlikely you will get a patent... 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.