Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Omar Darwich
2 Answers | Asked in Trademark for North Carolina on
Q: How do I get a trademark for the word, Godufacturered.

I invented this word back in 2005 as part of my non profit, Da Jesus Factory and outreach ministry slogan. Where P.E.A.C.E. IS Godufactured 24/7. I recently discovered that someone attempted to get a trademark for it but it appears it failed. Is it possible for me to obtain a trademark for it now.

Omar Darwich
Omar Darwich
answered on Jun 10, 2021

It might be!

Literally speaking you'd file a trademark application with the USPTO, but based off of what you're saying it appears there are some issues that arose with this other individual. You wouldn't want to fall into the same issues.

I've never heard of an...
View More

View More Answers

2 Answers | Asked in Trademark for New Mexico on
Q: Do I have to change my business name?

I was sent an email by Marketing Solutions LLC in New Mexico that my business KN Marketing Solutions is in violation of Trademark law of "Marketing Solutions" name, which is registered trademark in the state of New Mexico to Marketing Solutions LLC. However, my business is registered in... View More

Omar Darwich
Omar Darwich
answered on Jun 8, 2021

If you consult with an attorney they can get more information from you and provide a more detailed answer.

You should absolutely consult with an attorney.

Better safe than sorry

View More Answers

1 Answer | Asked in Trademark for California on
Q: Trying to understand Trademarks. If someone has a trademark in a certain category, does that mean I can use it in others

Hello! I'm interested in utilizing the word "funfetti" in a business name unrelated to a cake or the product funfetti. It appears as though the name is Trademarked and I was wondering if it's something I can utilize in an unrelated capacity.

Thank you!

Omar Darwich
Omar Darwich
answered on Jun 7, 2021

An easy example is to look at the term "pandora". We have pandora music but we also have pandora jewelry.

Without going more in depth thats a good way to think of this matter.

You can always consult with a trademark attorney. Many like myself offer free consultations.

1 Answer | Asked in Trademark for North Carolina on
Q: Hello, I have a design for a small business I would like to see if it stays within the guidelines of this trademark?
Omar Darwich
Omar Darwich
answered on Jun 7, 2021

I think I know what you're asking, but not entirely sure.

If you have a design for your small business and would like to know how it fairs in regards to trademarking feel free to reach out to an attorney for a consult.

1 Answer | Asked in Copyright and Intellectual Property for Delaware on
Q: I have a software that I want to protect, what would be the best option as I was recommended that copyright is not best

Option as copyright will provide public access, although not clear for me, but what do you recommend

Omar Darwich
Omar Darwich
answered on Jun 7, 2021

So I know its been a min since you've posted this question, but if you've developed a "new" software it might be best to seek a patent for your invention.

2 Answers | Asked in Trademark on
Q: Can I name my blog Berry or could I get in legal trouble
Omar Darwich
Omar Darwich
answered on Jun 7, 2021

As another attorney stated, it will depend. A big "no you cannot" (at face value) would be if there is another blogger using the term "Berry" for their blog.

Your best bet if you are committed to using this name is to consult with an attorney.

View More Answers

3 Answers | Asked in Real Estate Law, Identity Theft, Trademark and Wrongful Death for West Virginia on
Q: Echo Red was my Favorite shoes ever they was the best quality and clothing is timeless how would someone get the brand?

Trademark and holding information I’d like to really revive this brand. I heard they went bankrupt or the revenue didn’t compensate for the money spent. But no wonder everything I ever seen is top quality.

Omar Darwich
Omar Darwich
answered on Jun 7, 2021

I remember sporting a huge echo jersey back in the day.

Loved the shoes as well!

Your best bet is to consult with an attorney and have them find out what's going on with the rights.

You don't want to infringe but at the same time if there is no protection you don't want to "pay".

View More Answers

2 Answers | Asked in Intellectual Property for California on
Q: Trademark Infringements and I don't know what to do ... need to find a lawyer to hire?

above - my email is whimsymecandles@gmail.com and my telephone number is 845-797-1574. please leave a message and i will call you right back if i don't pick up. i believe i may need an attorney for this type of issue long-term. thank you!

I rec'd the following email re my... View More

Omar Darwich
Omar Darwich
answered on Jun 7, 2021

Even if there is nothing to worry about now, it would be best to consult with an attorney.

As another has stated if we understand correctly

you own the trademark registration for CANDLE THERAPY BY WHIMSYME.

It appears another individual has tried to register their own...
View More

View More Answers

2 Answers | Asked in Trademark for California on
Q: I would like to pick up this Abandon trademark , BIONDA BRUNA HANDMADE IN ITALY WWW.BIONDA-BRUNA.COM - Trademark Details

I was told that I could petition for the Abandoned trademark of BIONDA BRUNA HANDMADE IN ITALY WWW.BIONDA-BRUNA.COM - Trademark Details

So I need a lawyer to help me to obtain the abandon trademark.

Omar Darwich
Omar Darwich
answered on Jun 7, 2021

If a trademark has been abandoned it does not necessarily mean it is "fair game" for anyone.

As Attorney Suero stated doing due diligence now and making sure you're in the clear will save you time and headache in the future.

Best to consult with an attorney.

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Minnesota on
Q: I resell phone cases with animetrd pictures of popular band can I be sued for copyright infringement

And does the fact that they are band is based in another country change things

Omar Darwich
Omar Darwich
answered on Jun 7, 2021

There are some things that regardless of your knowledge of infringement or lack of infringement you can be held liable.

So even one sale could cause you to be liable to the intellectual property owner.

You should consult with an IP attorney depending on the nature of your business...
View More

View More Answers

2 Answers | Asked in Trademark on
Q: How do I reach out to use a trademarked phrase?

I'd like to use the slogan Run Forrest Run as a political candidate, my name is Forrest.

Omar Darwich
Omar Darwich
answered on Jun 7, 2021

Until you've consulted with a trademark attorney it's better to be safe than sorry.

You should then consult with a trademark attorney.

View More Answers

3 Answers | Asked in Trademark for Illinois on
Q: Can I trademark the name black wallstreet Chicago if black wallstreet is trade marked
Omar Darwich
Omar Darwich
answered on Jun 7, 2021

You might not be able to trademark that exact phrase, but that doesn't mean you can't use it...There may be avenues to using that phrase such as a consent agreement. You should consult with a trademark attorney!

View More Answers

2 Answers | Asked in Intellectual Property for Massachusetts on
Q: Can we use the term "battle bots" to describe remote control wooden "bots" that kids build at our makerspace?

Middle school kids learn engineering skills by building remote control "bots" that battle in an "arena" and have fun. We are a 501(c)(3) non-profit and do not do TV shows or compete with BattleBots TV show. We are a STEM education center. Is it trademark infringement to adopt... View More

Omar Darwich
Omar Darwich
answered on Jun 7, 2021

Its best to consult with an attorney.

While there is a significant chance that pursuing this term could raise serious issues in the future there may be alternative venues to take that will allow you to use the term you want.

View More Answers

2 Answers | Asked in Trademark and Gaming for Texas on
Q: I have a username that is called AnoyingOrang, and I want to know if I’m able to trademark that username, if so, how?

I want to be able to keep this username for a very long time and don’t want any problems with other company’s or the YouTube Annoying Orange. Need help in understanding trademarking. I have a gaming account with the username AnoyingOrang and would like to move further with that account name.... View More

Omar Darwich
Omar Darwich
answered on Jun 7, 2021

You should consult with an attorney to see the likelihood of you being successful in filing for a trademark application.

If I understand correctly there is another user of Youtube with the name "Annoying Orange". This could be problematic. Best course of action would be to...
View More

View More Answers

3 Answers | Asked in Appeals / Appellate Law and Trademark for Connecticut on
Q: Hello , i had file with Uspto for mu business 8/10/2019 9/28/2020 they had abandoned my application
Omar Darwich
Omar Darwich
answered on Jun 7, 2021

More information is needed, but if you are interested in seeing what happened/"fixing" the problem if it can be fixed you should consult with a trademark attorney.

View More Answers

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.