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Questions Answered by Omar Darwich
4 Answers | Asked in Civil Litigation, Consumer Law, Criminal Law and Intellectual Property for Texas on
Q: Can I use the term "law" in my email address title without being a lawyer? Example: Jason.Smith.Law@yahoo.com.

I am a law student and have an email address with the term "law" in it. I am not a lawyer, however, and have never stated that I am. Is it legal for me to continue to use this email address without being a lawyer? Don't I have speech protections so long as I am not actively trying to... Read more »

Omar Darwich
Omar Darwich answered on Jul 15, 2021

best and easiest way to get a proper answer is to just contact your local state bar's ethics hotline

good luck

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1 Answer | Asked in Copyright, Internet Law and Trademark for Massachusetts on
Q: My dad was an ebay guy in the 90s . I sold.com was mailed to him then. Does he still controll it? Not used in years than

I found a catalogue mailed to my dads house. No postal stamp that I see. He was an EBay guy back in 98 to 02. I never knew of Isold.com. But a catalogue was mailed to his house with that in the name line. Could he still have controll of that name? Could it be sold to pay for his long term... Read more »

Omar Darwich
Omar Darwich answered on Jul 9, 2021

alot of depends here. I think more facts are going to be needed.

best course of action would be to consult with an attorney

2 Answers | Asked in Trademark for New Mexico on
Q: Is Wake Pray Slay free to be used by anyone for tshirts or is it still trademarked?

Curious because it says "Abandoned-Failure To Respond Or Late Response"

Omar Darwich
Omar Darwich answered on Jul 9, 2021

Just because you're seeing a failure to respond to an office action does not mean the mark is free to use.

Your best bet would be to consult with a trademark attorney. We don't bite!

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2 Answers | Asked in Intellectual Property and Trademark on
Q: Can you put famous companies as stickers on a website that sells custom stickers just to show off the product?

I run a custom sticker company and want to show stickers of other companies logos on my site just as an example of what our printers can do. I will not sell the logos obviously, but I want to use them as stickermule.com does. Will I get in legal trouble if I do this?

Omar Darwich
Omar Darwich answered on Jul 9, 2021

There is something called the Fair Use Doctrine which allows individuals to use another's trademark in its non-trademark, descriptive sense or in its trademark sense to refer to the trademark owner or its product.

With that stated however, your best bet would be to consult with an...
Read more »

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2 Answers | Asked in Trademark for New York on
Q: Can I start a trademark that sounds similar to a registered trademark in a similar industry?

Sisea- Registered for clothing.

Seasi - Unregistered but would like to trademark it for swimwear.

Omar Darwich
Omar Darwich answered on Jul 7, 2021

Your best option here is to consult with an attorney.

You run a serious risk without doing so due to what is called likelihood of confusion.

Thats why you don't see companies called "NYKE" selling clothing.

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Q: How can I find patents filed on my truck?

I have good reason to believe my truck was modified for patents

Omar Darwich
Omar Darwich answered on Jul 7, 2021

You could consult with an attorney.

To be clear you believe your truck had aftermarket parts installed in order to somehow get a patent on the truck?

2 Answers | Asked in Business Formation and Trademark for Washington on
Q: Can I "do business as" the same name as a trademarked name in a completely different industry?
Omar Darwich
Omar Darwich answered on Jul 9, 2021

It's possible. Its going to depend on a variety of factors, but it is feasible. Take for example the fact that we have pandora radio and also pandora jewelry.

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5 Answers | Asked in Trademark for Texas on
Q: How can I trademark my podcast name?
Omar Darwich
Omar Darwich answered on Jul 7, 2021

If you go to https://www.uspto.gov/

You can find alot of information. If you are confused or unsure you can easily consult with an attorney. I've never heard of an attorney that bites!

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2 Answers | Asked in Copyright, Gaming and Intellectual Property for Illinois on
Q: If I want to resell a video game streamers highlights, do I need to obtain licensing from the video game publisher?

If its a case by case basis, what companies require a licensing agreement?

Omar Darwich
Omar Darwich answered on Jul 1, 2021

So you're talking about potential infringement and there are some specific details that need to be discussed.

Your best course of action is to consult with an attorney before making any decisions.

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2 Answers | Asked in Trademark for Ohio on
Q: I have small business and make rhinestone and glitter tumblers.If I use Starbucks cups but don’t alter the trademark

Can I get in trouble for selling them.

Omar Darwich
Omar Darwich answered on Jul 6, 2021

You could be walking down a very fine line and/or crossing it.

Companies such as Starbucks/HBO/Apple are known to be very strict enforcers of their IP rights.

As another attorney stated your best bet would be to consult with an attorney and let them look at all the relevant facts...
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4 Answers | Asked in Intellectual Property and Trademark for Utah on
Q: Is the name of my podcast infringing a trademark, and should I change it?

I have a podcast, and we are just coming up on 10 episodes this weekend. After a google search, and I don't know why I didn't think to do this before, we realized that there is another podcast by the same exact name as ours! In fact, there are two or three. I'm worried we could get... Read more »

Omar Darwich
Omar Darwich answered on Jun 29, 2021

So I don't want to sound like Im beating a dead horse, but you should consult with an attorney.

That might not be enough to pass the likelihood of confusion test or perhaps there might not be a need to add that subtitle.

consult with an attorney! we dont bite

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I create a domain name, and if the domain name happens to be someone's Twitter handle, is that a illegal?

In other words, if the domain name I've created and purchased also turns out to be someone's personal Twitter handle (not a business), would that be a violation of any copyright/trademark/intellectual property laws?

Omar Darwich
Omar Darwich answered on Jun 27, 2021

The most likely answer you're going to get here is "it depends".

You should feel free to consult with an attorney so you can discuss more specific facts.

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2 Answers | Asked in Trademark on
Q: If I wanted to name a boutique consulting firm Doublemint Strategies would that be a violation of this trademark?

I'm a public relation/comms consultant and want to re-name my business. It would have nothing to do with gum.

Omar Darwich
Omar Darwich answered on Jul 6, 2021

So this comes into the realm of "likelihood of confusion"

For example we have pandora radio but also pandora jewelry because while the names are the same the markets are entirely different.

With that said your best bet is to consult with an attorney.

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1 Answer | Asked in Employment Law and Intellectual Property for New York on
Q: I prepared many policies and procedures for my employer. Do I have any legal ownership of the documents I created

Documents including operating templates created by myself all on my personal laptop not issued through the business. All budgets and analysis's have been created on my laptop. Are any of these documents legally my property considering I created it all from scratch on my laptop.

Omar Darwich
Omar Darwich answered on Jun 20, 2021

It's most likely going to depend on the nature of your employment contract with your employer.

Your best best is to consult with an attorney and have them do a review of your employment contract.

1 Answer | Asked in Intellectual Property on
Q: Where to go to register my trademark in the USA?What are the costs to register my trademark?SincerelyGeorgii

Is it really necessary if I already bought a domain name, to also register it as a trademark before I can get copyright and trademark protection in the USA?

Does the USA not follow a common-sense approach whereby the first user and inventor of a phrase or trademark enjoys automatic legal... Read more »

Omar Darwich
Omar Darwich answered on Jun 20, 2021

It can be absolutely necessary to federally register your trademark when in the USA.

Domain names do not equal federal trademark rights.

Feel free to consult with an attorney if you need additional information or help.

I've never heard of an attorney who bites!

2 Answers | Asked in Trademark on
Q: Can an Australian brand (No Presence in USA) cancel a Canadian brand's trademark in the US?

I have searched USPTO and google for "Selfie Skin" and no company has trademarked this in the US and also no American brand is using that mark. However, this company in Australia has been using that mark for a few years. Their product is a Laser Hair Removal. Our niche is in face mask... Read more »

Omar Darwich
Omar Darwich answered on Jun 20, 2021

You're in a similar boat many clients find themselves in due to the nature of online business and sales, but that doesn't mean you're out of luck.

100% second the idea of consulting with an attorney who can give you more specific advice and opinions.

Many attorneys...
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3 Answers | Asked in Trademark for New York on
Q: Hi I'm the legal owner to the trademark. Could I renew it and lift the cancellation?
Omar Darwich
Omar Darwich answered on Jun 20, 2021

I second consulting with an attorney. It's going to depend on the specific facts to determine whether you are going to be able to renew.

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2 Answers | Asked in Trademark for Virginia on
Q: Hemi is trademarked by Chrysler for automotive vehicles. Can I use the word in my charcoal grill business?
Omar Darwich
Omar Darwich answered on Jun 20, 2021

So to elaborate a bit more than just "maybe"... this falls under a question of likelihood of confusion. Very generally speaking the question is "are customers likely to be confused" that your charcoal grill products are coming from you or from Chrysler.

More factors go...
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4 Answers | Asked in Trademark for Florida on
Q: Hello, can I attain this trademark
Omar Darwich
Omar Darwich answered on Jun 20, 2021

You might be able to!

Feel free to consult with an attorney to provide more specific details and get a better answer!

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1 Answer | Asked in Trademark for Michigan on
Q: Is Schitts Creek trademarked? Or is it just Schitt’s Creek that is?
Omar Darwich
Omar Darwich answered on Jun 16, 2021

First of all.. I wish they kept airing episodes!

It might be trademarked. You might not get a hit off a basic word mark search through the USPTO and need an attorney to do a TESS search (they arn't easy--one of the reasons why people hire attorneys)

There might also be...
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