Sorry for your loss -- my condolences.

This is a more unique situation than others related to trademark and copyright. The intellectual property is related to a person. There are specific issues related to trademarks for surnames. There is also the issue of right to publicity (or right... View More

When viewing trademarks at a more theoretical level, imagine a food packaging label. You’ll have the trademark on the first line and then on the second line you have a description of the product. So, for this made up example:

Topaz

Artisanal Artichoke Hearts – Sourced and... View More

In many instances, pictures are acceptable specimens to prove the use of a trademark associated with a good/service. A full application is required for federal registration of a trademark, though.

This answer includes generalizations and there are many caveats. This answer does not form... View More

There would need to be a side by side comparison to know for sure.

Generally, one can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer,... View More

Sometimes the band will have their own website that will direct you where to ask for a license. Also you can go to the music publisher – depending – many times that is more for the music itself but they might overlap or direct you to the right person/lawyer in charge of selling the IP of the... View More

Consider consulting with a trademark attorney. The trademark attorney will intake the relevant facts such as the actual design and what the trademark is being used for – and then execute a search for you.

This answer includes generalizations and there are many caveats. This answer does... View More

One can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer, that both marks are indicating a common source of the goods/services.

In addition... View More

You have come across a frustrating aspect of patents.

If you have an interest, read online about “patent thickets.” It is related to what you are talking about – and it stifles business for others.

Don’t get too discouraged about what you are trying to do. Others do... View More

One can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer, that both marks are indicating a common source of the goods/services.

This answer... View More

Your new work may be considered a derivative work of the original song. A derivative work uses some or all of the original work and adds new elements. The copyright owner has the exclusive right to make derivative works. Therefore, if you made a derivative work without permission it could be... View More

In addition to trademark infringement there is trademark dilution. Under the Trademark Dilution Act 15 U.S.C. 1125(c) if a mark is used which impairs the distinctiveness of a famous mark or harms the reputation of a famous mark, the owner of the famous mark can obtain an injunction to stop the... View More

Trademark rights are obtained by using the mark to identify the source of goods or services. Federal registration does not make a particular word, phrase, or symbol a trademark. The use of the trademark makes the particular word, phrase, or symbol a trademark. One can commit trademark... View More

Questions of infringement are not straight forward (only patent infringement is addressed in this answer). One needs to research if there is something to infringe, such as a utility patent or a design patent. Then there needs to be a determination of infringement.

There is possible... View More

Confirming the risk free use of a trademark can take some time and resources for searching—and analysis of what is found.

Trademark rights are obtained when a mark is used to identify the source of goods/services. A trademark search should determine if someone else is using a trademark... View More

In a dispute there are multiple routes. Consider asking the opposing party again, or negotiating a settlement. Hire a lawyer to write a demand letter, which states there was a valid contract and breach by the opposing party (the demand letter is a way to ask for payment without starting a... View More

Copyright related to compilations of data is a specific area of copyright law and analysis of the exact list and estimations of the mental effort and transformation to the underlying facts in the list may be part of the analysis. If you are doing research on your own, and want a potential starting... View More

When doing research about trademarks and copyrights look at uspto.gov and copyright.gov.

You can search for trademarks on TESS. Your trademark search should include more than TESS.

Consider hiring an intellectual property attorney to do a full analysis of the facts specific to... View More

Consider consulting with a personal injury attorney—with a confidential consultation. Many times personal injury attorneys will take cases on contingency where the client will not have to pay anything until money is recovered, part of the recovery goes to the attorney and part of the recovery... View More

Questions related to comparing trademarks and determination of a viable registration are very fact specific. Therefore a full analysis is needed. Although in general, registration of a new mark is not allowed if there is “likelihood of confusion.”

“The USPTO determines that a... View More

Questions related to comparing trademarks and a determination of infringement are very fact specific. Therefore a full analysis is needed -- there are many factors.

When there is comparison of the marks, infringement is based off a determination of “likelihood of confusion.”... View More