depends on how it is used and if they have registration or not, and if it would confuse people into buying from you when they intended to buy from them.
marcos.e.garciaacosta@gmail.com
www.legalbizglobal.com
You need to review the patents or publications and analyze them.
Make an appointment for a consultation as it will require access to the patent documents, review and provide an opinion.
You may also need to get an expert opinion, from somebody specialized in the field or with these... Read more »
I got a letter to my personal address from a company i dont know of for a software copyright infringement claim (a software i do not use to know of), with a quote attached. It was for a company i used to be a partner of 2 years ago but no longer am and have no part of their affiars. What would be... Read more »
You can try talking to them and explaining the situation.
Maybe a mistake.
If it is not a valid invoice you can tell them that. And if they keep harassing you you can try to get legal counsel or use your state attorney general.
marcos.e.garciaacosta@gmail.com... Read more »
For filing and prosecuting a utility patent you should budget at least around $10,000.
It may be higher if the filing is in an international market.
Consult an attorney to understand better your best approach.
marcos.e.garciaacosta@gmail.com
www.legalbizglobal.com
I was asked by the founder of a dog rescue to maintain her website. In two years of maintaining that website, I had also taken pictures of the dogs and volunteers at the rescue. Since I was maintaining the website I posted those pictures on the website. The founder all of a sudden, with no... Read more »
You can try asking her formally to remove the pictures as they are your property.
Your legal option is possible to sue. Expensive though.
You can recover damages caused by him using the pictures without your approval, but you have to prove that.
You can copyright the photos... Read more »
My company offers services similar to that of, a federally protected trademarked name. Both "Aftermath"(trademarked) and "Aftershock"(my company) begin with the same word, have two syllables, and leave the same commercial impression. Because of this, Aftermath is telling us we need to change our... Read more »
Tough spot.
It will depend on your ability to defend yourself.
And whether they are serious in coming after you. It will take them a lot in attorney fees to do that.
The easiest and simplest way to deal with this is to change your name.
Try Public Pair,
https://portal.uspto.gov/pair/PublicPair
hopefully you will find the status there
At the beginning. As soon as you realize you are in a business not a hobby.
Ideally at the moment you come up with the name of your company or you start your social media, on line strategy so you can align the brands with the URLs and social media handles.
And it is important to... Read more »
However, they are a bar/food copyright. I’m looking for a catering/clothing brand. How would this work?
Good answer in here from Jason.
Depending on how different the uses are there may be cases where the brands can co-exist.
Contact and attorney to see your case in more detail and give you an assessment of your risks.
Marcos.e.garciaacosta@gmail.com
If so, how does one go about doing it legally?
Brilliant observation
YES but not so fast
Just because it is abandoned in the USPTO system does not mean it is not in use
There may be some rights left for the owners
Consult with an attorney before you do anything
I also have an LLC by the name of urban genius LLC registered one 3 states
As far as trademark use is concerned, the name of the company may not have an effect on it.
Typically whoever has been using it first may have some rights to it as a trademark, may be broad or limited.
Registration gives presumption of ownership, but it is rebuttable.
It says The mark consists of the stylizes wording “BTS” and color is not claimed as a feature of the mark.
Does that mean I can use the word BTS if it’s in colors.
No
on the contrary, when a mark does not claim colors, basically it is claiming any variation of shades and colors.
Stay away from them, specially if you are going to be using it for similar products or services (music, production, videos, clothing, etc.)
Consult with an... Read more »
Did you have a contract? did you release your rights?
what were the conditions with the studio?
were they charging you to make the recording? and the files are yous?
or some other agreement?
I recommend you make an appointment for a legal consultation to understand... Read more »
the item is generally made of yarn and is in doll form.
yes
it can violate a number of protections the owners may have on it, such as copyrights, patents and such.
I strongly recommend stay away from doing that.
I would strongly recommend to be cautious.
You should do a search and analysis of the existing trademarks and potential risks.
Make an appointment, get a consultation before you spend money and potentially get in trouble.
it will depend if there are elements that can be protected by other filings or registrations like patents and such.
If the website is so unique that you are asking yourself these questions,there may be something to be worried about.
You should call for a consultation to review the... Read more »
It will depend, but it happens all the time
Think of Delta. Delta airlines, delta faucets, delta power supplies.
Make an appointment for further discussion.
Check my blogs at www.legalbizglobal.com
signed agreement: singer ".... authorizes others to use my name, voice and likeness in connection with the production [...] Producer..” (me) “...is the sole owner of all rights in and to the picture and all elements thereof, including photography and recordings of my voice and likeness. [...]... Read more »
You need to analyze the whole agreement, and also look at the intention at the time of signing. All other collateral elements that were involved in the negotiation if any. Whether you are successful or not will depend on the strength of your contract and the willingness of the other party to... Read more »
606 - Abandoned - No Statement Of Use Filed
It means that the application was approved, and the applicant had to submit proof of use. A picture of the product or service using the mark. Because of that the application was abandoned, it is dead.
If it was you, you have to start from zero. Contact me if you need help.
I was hired by a publisher to write a non-fiction book on a very popular television show where I discuss the history of the show, the themes, the characters and provide my opinion on each of the series episodes. Publisher states because I'm providing an opinion there is absolutely no copyright... Read more »
Your concerns are valid. You should consider seriously getting permission. Make sure the hiring party give you a contract where they take full responsibility or liability. Consult with an attorney before doing anything.
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