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Questions Answered by Sergiy M Sivochek
1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Both Netflix and Google have violated my USPTO registered TM. Are you able and willing to fight these behemoths?

I have a good case against both Google and Netflix with much documentation and screenshot images. Netflix uses my name on their cartoon, Bojack Horseman, where they've placed it on the marquee of an abortion clinic slurring my registered USPTO TM. They call it "freedom of expression"... Read more »

Sergiy M Sivochek
Sergiy M Sivochek
answered on Sep 19, 2022

These types of questions are always very complex and fact-specific. And there are always many gray areas. Before any reasonable attorney can tell you whether they are willing to fight Google and Netflix on your behalf, there are MANY additional questions that will need to be asked and answered, and... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: I am within my legal rights to use a modified version of the coppertone logo freely? I would be making money off it.

Am I allowed to use an image of a girl and dog, deliberately meant to resemble the coppertone ads of the 1960s, as a logo for my band?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Sep 19, 2022

Deliberate copying or modification of someone else's image may constitute willful copyright infringement with serious consequences, especially if done for financial gains. You would be well-advised to carefully discuss your specific plans with an experienced intellectual property lawyer... Read more »

3 Answers | Asked in Trademark for New Jersey on
Q: Do they have any legal standing on the trademark infringement?

I received a letter regarding trademark infringement for a product that i have been selling for years with the same product name, i noticed that the trademark was filed recently although the company that sent the letter claims they have been using the name for years

Sergiy M Sivochek
Sergiy M Sivochek
answered on Sep 1, 2022

If you have been selling a product under this trademark for many years and without any prior conflicts with other trademark owners, there may be reasonable good defenses available to you (laches, etc.) If you can prove that you were actually first to start selling the products (before them), then... Read more »

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1 Answer | Asked in Trademark for Ohio on
Q: The cease and dissist letter stated, since we are using the word Eden in our name they want us to abandon our trademark.

The cease and dissist letter stated, since we are using the word Eden in our name they want us to abandon our trademark, or they will take legal action. As I have stated, we Trademarked the name back to Edens herbs shop and theirs is Edens food. Is this legal?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 31, 2022

Unfortunately, it is not possible to provide a meaningful answer to this question without having much more information. Generally speaking, goods/services do not have to be the same for a trademark infringement to occur so if that herbs shop sells edible herbs, that may be a problem. But the... Read more »

1 Answer | Asked in Trademark for Alabama on
Q: Somehow my trademark became "dead:How can I get this reinstated

For Serial Number: 77426116

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 23, 2022

This application was abandoned a long time ago (in 2008) for failure to respond to some questions that the United States Patent and Trademark Office (USPTO) had in connection with the application. That application is long dead and cannot be revived or reinstated. But you can potentially file a new... Read more »

2 Answers | Asked in Trademark for Florida on
Q: How long does trademarks last? I filed last year and lawyer is asking to renew under declaration section 8.

Dont they last 10 years? 1 year seems too little to be already paying for renewal

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 12, 2022

I would guess there was a misunderstanding between you and your lawyer. Once a federal trademark is registered, it lasts 10 years, and a renewal application can be filed between the 9th and 10th year from registration (but before the 10-year anniversary, in order to avoid additional fees and... Read more »

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1 Answer | Asked in Employment Law, Copyright and Trademark for Florida on
Q: Statute of limitation on company claiming ownership of my work?

I am working at a fortune 500 company as a software developer. At the time of employment, I signed an agreement that said if I work on anything even during my own time the company would own it. Is there a statute of limitation on the contract? If I make a service/product now while employed at the... Read more »

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 9, 2022

Each case is different but generally speaking, under the U.S. copyright laws, works created by employees within the scope of their employment are considered "works made for hire" and are owned by the employer and not the actual employee who created such works. Works are also considered... Read more »

1 Answer | Asked in Copyright and Trademark for Texas on
Q: I own an Instagram account that is the name of a company and they are wanting me to delete or hand it over.

I do post content relative to their service/product but I can remove or change it. I also added “Not affiliated with business name” in the bio.

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 8, 2022

This question lacks sufficient detail to provide a meaningful answer. These types of demands are rather frequent and they are always very fact-specific. Sometimes those demands are warranted and sometimes not. The most important question here is whether the company that sent you that demand can... Read more »

1 Answer | Asked in Copyright, Business Formation, Business Law and Trademark on
Q: What to do? Do i have a case?

I have a stage/artist name that i have been using for years and i recently found out that a major company has used my name for a product model name.

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 3, 2022

It depends. There way too many unknown variables here for any reasonable lawyer to provide a meaningful answer. These types of cases are very fact-specific.

3 Answers | Asked in Trademark for Texas on
Q: can we reinstate this trademark with Serial Number88894416
Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 1, 2022

U.S. federal trademark application No. 88/894,416 ( for the mark DR. D'S REMEDIES " GIVING LIFE TO LIVES" and design) was abandoned on February 16, 2021 for failure to respond to the USPTO's Office Action (an official letter asking to make changes or refusing to register a mark... Read more »

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3 Answers | Asked in Car Accidents for Tennessee on
Q: I was a passenger in a car accident was injured what do I do I’ve never been involved in a wreck

My friend was driving when a car struck my side all airbags deployed in her 2022 Denali and it was totalled I’m confused of what to do I was hurt still am happened two days ago

Sergiy M Sivochek
Sergiy M Sivochek
answered on Jun 17, 2022

You should probably call a lawyer specializing in car injuries. Ask your friends for a referral. I am sure at least some of them have been in car accidents and can recommend a good lawyer or two. Many injury lawyers will be happy to discuss your options and will give you an initial consultation for... Read more »

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2 Answers | Asked in Trademark for New York on
Q: Trademark??

Let's say time and money is of the essence.Would it make sense to start the trademark proceeding by going to a 50 dollar online company just to secure the name on the tess uspto site first before the other party does and then get a proper attorney when I am better prepared to afford one?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Jun 17, 2022

It is MUCH better and usually a lot less expensive in the long run to do everything correctly from the beginning rather than trying to fix problems afterwards. Certain mistakes in trademark applications can never be fixed and some errors can be used by unscrupulous competitors to try to challenge... Read more »

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1 Answer | Asked in Trademark for New York on
Q: Trademark attorney or online?

What are the advantages and disadvantages of acquiring a trademark name going through an attorney versus going to one of those 50 dollar online companies?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Jun 15, 2022

About the same as hiring an experienced doctor vs paying $50 to a random quack. You may want to read this article about the potential negative consequences of trying to register a trademark on the cheap:... Read more »

2 Answers | Asked in Trademark on
Q: when a lawyer sends a cease & desist order on a trademark infringment and threatens litigation, should one reply?

Also, If you cease and desist (even despite not agreeing with the demand) will they usually go away or still pursue damages (hard to prove and the onesss of the trademark owner, under $5000.

Sergiy M Sivochek
Sergiy M Sivochek
answered on Jun 10, 2022

A cease and desist letter must be taken very seriously. First of all, it puts the recipient on notice that her activities may be infringing upon someone else's rights (which means that if she were to continue such activities after the notice, that may be construed as willful infringer). And,... Read more »

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4 Answers | Asked in Copyright, Business Formation and Trademark for Kansas on
Q: Do I need to trademark my brand and logo

I am starting a clothing and accessory brand and am curious on how/if I need to trademark my brand name and logo

Sergiy M Sivochek
Sergiy M Sivochek
answered on Jun 9, 2022

It is generally recommended to (1) conduct a trademark search / due diligence (to make sure your new brand and logo are not infringing upon any existing rights) and (2) apply to register the new brand as a federal trademark in order to protect it nationwide against unscrupulous competitors. A U.S.... Read more »

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3 Answers | Asked in Trademark for Missouri on
Q: Hello, I have a trademark NOA for a dating service that is free. Can I file statement of use without making sales?

Hello,

I have a trademark NOA for a dating service that is free. It is a mobile phone application and a website that serves about 3500+ users - is fair game to file the statement of use for the trademark? Or do I need to start making sales on the app?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Jun 9, 2022

This is not legal advice, but in general, a trademark owner does not need to show sales in order to satisfy the Statement of Use requirements in response to a Notice of Allowance from the USPTO. There are many charities and other nonprofits that own U.S. federal trademark registrations without ever... Read more »

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4 Answers | Asked in Trademark for Georgia on
Q: How can I trademark my new business name?

I’m looking to start a new business but I first want to trademark the name and idea

Sergiy M Sivochek
Sergiy M Sivochek
answered on May 30, 2022

Generally speaking, you can trademark your business name either at a state level (for example, in California, by registering it with the Secretary of State of California) or nationwide, by filing a federal trademark application with the United States Patent and Trademark Office ("USPTO").... Read more »

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