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Questions Answered by Brandon M. Selinsky
2 Answers | Asked in Gaming and Trademark on
Q: I am about to start a new tabletop rpg game. Do I need to register a company or trademark it is enough?
Brandon M. Selinsky
Brandon M. Selinsky
answered on Apr 20, 2022

In addition to what John said, you should consider copyright protection. A copyright protects "original works of authorship," i.e., books, sculptures, drawings, etc. The "original" requirement means it must be your work and include a minimum level of creativity (phone books... Read more »

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1 Answer | Asked in Copyright and Trademark for New York on
Q: Can I use the name if I have something I would like to sell on ebay that resembles the symbol?
Brandon M. Selinsky
Brandon M. Selinsky
answered on Apr 4, 2022

I could give you a better answer if I had some additional information. For now, I will assume that the thing you are selling on eBay is the product of another company. For the sake of discussion, I will assume that company is Nike. If you are selling something with the Nike Swoosh on it, you cannot... Read more »

4 Answers | Asked in Copyright and Trademark for Pennsylvania on
Q: What do I do when you become aware someone is using your registered trademark in another state?

I obtained my trademark for "The Cheesecake Fairy" last year. I have been in business for over 7 years and finally decided to trademark my name. A bakery in another state is now calling themselves "The Cheesecake Fairy" and I fear this will cause great confusion for when I... Read more »

Brandon M. Selinsky
Brandon M. Selinsky
answered on Mar 14, 2022

If the other party you are referring to is a cheesecake operation based in Southern California, that company registered with the state in 2019. That does not necessarily mean it only started using CHEESECAKE FAIRY in 2019 and not before, but it does suggest that. Also, the website for that company... Read more »

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1 Answer | Asked in Trademark on
Q: If the word "Melanin" is trademarked, can I use it in a combination that has not been trademarked, for a digital design?

Example: "Melanin Dripping"

Is this a legal digital design to sell?

Thank you!

Brandon M. Selinsky
Brandon M. Selinsky
answered on Mar 11, 2022

It depends on a few things. First, what goods/services is MELANIN registered for? If the goods/services are the same/similar to whatever your design will be used for, the risk that you are infringing is relatively high. If not, then there might be little to no risk at all. Keep in mind that MELANIN... Read more »

1 Answer | Asked in Copyright and Trademark on
Q: Can I use a quote or phrase that has a 606 trademark status as of 2016?

The phrase I am interested in was filed in 2014 (international class 014) . I want to use it for graphic design.

Brandon M. Selinsky
Brandon M. Selinsky
answered on Mar 11, 2022

A "606 status" means the PTO has deemed the application "abandoned" for failing to file a statement of use ("SOU"). The need for an SOU arises when the application is filed as "intent to use," meaning the applicant is not currently using the mark in commerce... Read more »

2 Answers | Asked in Trademark for New York on
Q: What do I need to do to buy this trademark?
Brandon M. Selinsky
Brandon M. Selinsky
answered on Mar 9, 2022

Like any other major purchase, you first need to vet the asset. Is the trademark registered with the PTO? If so, is the listed owner the same as your seller? Has the seller assigned any rights to the trademark to anyone else? Are there any pending claims against the seller's right to use the... Read more »

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