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Questions Answered by Omar Darwich
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... View 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... View 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... View 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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3 Answers | Asked in Trademark on
Q: Lets say there is a Trademark for "Pinky Skin", can we trademark "Pinky Skin!" or "Pinky Skin Co"?

Lets say "Pinky Skin" is trademarked back in 2018

IC 003. US 001 004 006 050 051 052. G & S: Cosmetics

but they are not using it anywhere on their products, websites, or social media. Feels like they just got it and they decided not to use it.

We wanna launch a... View More

Omar Darwich
Omar Darwich
answered on Jun 16, 2021

You should consult with a trademark attorney!

Not only regarding conducting a comprehensive search, but there may be other avenues to proceed that lead to trademarking the mark you want.

Most attorneys like myself don't bite!

Feel free to reach out to someone.

Best wishes

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3 Answers | Asked in Trademark on
Q: What is the meaning of “a likelihood of confusion including the likelihood of association” in trademark law?

Also give some examples to better understand that situation.

Omar Darwich
Omar Darwich
answered on Jun 16, 2021

So this is a good question and it's something that comes up all the time when talking about trademarks.

To build off Attorney Liang's answer here is an example.

Pretend you walked into a store one day and saw a denim jean jacket with the Nike swoosh on it.

Now...
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2 Answers | Asked in Copyright and Trademark for New York on
Q: Hello we Have israely brand name sabon michal ( the soap of michal) can i use the word SABON? Sabon in hebrow its soap
Omar Darwich
Omar Darwich
answered on Jun 16, 2021

It could be possible!

A couple additional factors come into play, but as Attorney Suero stated its best to work with a trademark attorney to help navigate the ins and outs and get protection asap if possible.

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3 Answers | Asked in Trademark for Indiana on
Q: I'm trying to get in touch with a Thomas young he handled my trademark a few years ago and I can't figure out which comp

Which company did my trademark?

Omar Darwich
Omar Darwich
answered on Jun 16, 2021

If these instructions work then there should be no need to consult with an attorney for that

go to

https://www.uspto.gov/

on the right in the blue box there is a pull down menu.

Go to trademark and click on "TESS"

You'll see a box that titled...
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2 Answers | Asked in Products Liability, Identity Theft, Intellectual Property and Small Claims for Nevada on
Q: Social Security Administration lost my passports when sending us back through USPS without insurance. Possible to claim?

I applied for my 3-yr old daughter's social security number for her health insurance. Because of Covid, SSA required us to submit the original copies of her and my passports at their office. Once my daughter was approved of the SSN, the SSA office sent us back the passports through uninsured... View More

Omar Darwich
Omar Darwich
answered on Jun 11, 2021

I'm terribly sorry to hear that.

I know how stressful and frustrating going through something like this can be.

You should consult with an attorney who might be able to help. There might remedies available to you.

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1 Answer | Asked in Intellectual Property on
Q: In this modern day, how can I safeguard against privacy & intellectual property threats via telepathy/mind reading?

Have laws been developed to safeguard against and punish unethical telepathy?

6/29/21: Well are there certain properties to avoid, things not to sign up for where minds can legally be read? Accidentally agreed to through fine print?

Omar Darwich
Omar Darwich
answered on Jun 10, 2021

I don't believe you're going to find an answer to this question here.

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