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... View More 
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... View More
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... View More
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... View More
Example: "Melanin Dripping"
Is this a legal digital design to sell?
Thank you!
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... View More
The phrase I am interested in was filed in 2014 (international class 014) . I want to use it for graphic design.
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... View More
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... 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.
