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Questions Answered by Erik Špila
1 Answer | Asked in Trademark on
Q: Me and partner are working on a product, and would love to work with Kabushiki Kaisha Shueisha Trademarks - Oscar
Erik Špila
Erik Špila
answered on Nov 22, 2022

Dear Oscar,

the only way to start working with company is to contact this company.

You can try it via email, phone or send them official letter with your portfolio and idea of future cooperation between you and the company.

I wish you a good luck

1 Answer | Asked in Trademark and Intellectual Property on
Q: Can I use the word supernatural in my game? Supernatural is a word and that's the only thing I want to use.

I have an original work and I wish to use the word supernatural for the title. Am I infringing any trademark by doing so?

Erik Špila
Erik Špila
answered on Nov 22, 2022

In my opinion, word supernatural is a word with a meaning and many use it in common language. So unless you use it in sense of trademark, then you should be good to go. However if you want to be certain about this, then you should seek a qualified trademark attorney in your area to seek her/his... Read more »

1 Answer | Asked in Business Law and Trademark for Pennsylvania on
Q: How do I know if an item is trademarked?Am I allowed to use video footage from my competitions ads?
Erik Špila
Erik Špila
answered on Nov 22, 2022

If someone does marketing through video ads for his products, he most probably has his product trademarked. However to have complete answer to this a qualified trademark research must be performed. I highly recommend you to seek an advice from intellectual property lawyer in your area first.

1 Answer | Asked in Trademark for California on
Q: Could I call a brand 'Mario & Peach' or would that infringe on Nintendo's trademarks for Mario and Princess Peach?

I would not use their likeness as part of the branding—just the names

Erik Špila
Erik Špila
answered on Nov 15, 2022

Depends on the various other details and circumstances such as country in which trademark will be applied for, similarity of goods or services, validity of competitors trademarks.

But the fact that the brand sounds or looks similar to the older trademark does not itself state that you can...
Read more »

2 Answers | Asked in Trademark on
Q: Hello, we noticed though that a generic term has been trademarked causing issues on Amazon.

We noticed a competitor trademarked the PMU/Permanent Makeup keyword. We've been receiving a warning to remove these keywords from our listings. Otherwise, they will take it down. I don't think it's fair to trademark a commonly used term for one's interest. Or can you check what... Read more »

Erik Špila
Erik Špila
answered on Nov 15, 2022

Yes, this seems like unfair competition, but due dilligence must be performed first by a qualified IP lawyer in this case to provide you with most efficient strategy.

In most jurisdiction there is a way to initiate the trademark cancelation proceedings or trademark invalidation proceedings...
Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Trademarks vs. copyrights?

Trademarks vs. copyrights? I have a business where I create websites and apps. I am not inventing anything new just adding a different take on already existing products. For example, I am doing a mindfulness app for kids. Do I need to trademark everything I do or can I just copyright my work?

Erik Špila
Erik Špila
answered on Nov 12, 2022

Most businesses do at least "bare minimum" in case of trademarking and that means that they try to trademark at least their main business name and their main product name. Even though copyright protection might extend to some of your business outputs, it does not offer you the trademark... Read more »

1 Answer | Asked in Intellectual Property for Louisiana on
Q: I received a mail from Kilpatrick Townsend about infringement of Apple’s intellectual property.

I received a mail from Kilpatrick Townsend about infringement of Apple’s intellectual property. I have an android app which uses Dark Sky company's weather data by formal way (I make payment every month for using Dark Sky data). But the Dark Sky company is bought by Apple in 2020. My weather... Read more »

Erik Špila
Erik Špila
answered on Nov 11, 2022

Tis could be a very case sensitive situation and we would need more details about the case in order to advice more. I highly recommend you to seek an advice from a local intellectual property lawyer so she/he can go through your case in detail and can give you best possible solution for this... Read more »

2 Answers | Asked in Trademark for California on
Q: if i register a trademark, am i able to obtain the .com domain for the trademarked word?

there are a few names i am considering for my brand. however, for all of the names i am interested in, the corresponding .com domains are either: in use, in use but forwarded to a different URL, or parked and available for sale at $5k.

I am wondering if i have a registered trademark for... Read more »

Erik Špila
Erik Špila
answered on Nov 11, 2022

This will not be possible as the domain name registrator would have time priority (he registered his domain sooner than you have registered your trademark) against your trademark even if you succesfuly register your trademark in pertinent jurisdiction. So it is highly recommended to choose... Read more »

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1 Answer | Asked in Copyright and Trademark on
Q: Hi, can i make a "Wordle puzzle book" and sell it on line

wordle is online game hosted by the new york times

Erik Špila
Erik Špila
answered on Nov 6, 2022

If its a kind of game which is promoted or even trademarked under similar name in the country it is highly recommended to make a research if it will be possible for you to market similar or different product under similar mark. You should definitely consult with a local intellectual property lawyer... Read more »

3 Answers | Asked in Copyright and Trademark for New York on
Q: How do I get in contact with owner for permission to use a design?
Erik Špila
Erik Špila
answered on Nov 4, 2022

I would like to also add that if its design registered in other countries than it can also be trackable through design registry. EUIPO for instance has registry of Community design valid in EU where contact information of design owners can be found.

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1 Answer | Asked in Trademark for Florida on
Q: Could you trademark the word but with a different logo? Or use a variation (I.e. mountain bear farms)?

Question about “mountain bear” trademark

Erik Špila
Erik Špila
answered on Nov 2, 2022

Yes, the situation you are presenting seems to be possible, however more details would be needed in order to give you more qualified and exact answer. I recommend you to seek a local trademark attorney to help you with this.

1 Answer | Asked in Trademark for California on
Q: If I make [shirts] with entertainers name/image, how do I get permission sale the products??
Erik Špila
Erik Špila
answered on Oct 30, 2022

The most common way to obtain the permission from the person is to write him an official email/letter in which you ask for such permission. You should always seek for written permission (at least in the form of email) for future referrence and eventual disputes.

1 Answer | Asked in Intellectual Property for Florida on
Q: I'm a designer who works for a firm and does freelance on the side.

I sent a concept design to a potential client who ended up using it without my permission. I used my firm's email address as I was at work during a lunch break when I sent it. I sent a cease and desist letter to the potential client who stole my concept design. Their lawyer responded by saying... Read more »

Erik Špila
Erik Špila
answered on Oct 28, 2022

Dear Mrs or Mr,

this case you have presented could be a serious issue which shall be handled by a qualified professional in IP matters in your area. You should seek IP professional in your country and present him or her with more details of the case as this can not be duly and...
Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Is this a complete list of patent applications for brass trumpet mouthpieces
Erik Špila
Erik Špila
answered on Oct 26, 2022

Definitely advice you to check your question with professional patent attorney in your area. He can perform qualified research and you will minimalize the risk.

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1 Answer | Asked in Trademark for New York on
Q: If a trademark is live but has no date of publication - can I file for trademark under same class?

My registered business name matches my trademark (under a different class), but someone filed for a class that would infringe on part of my website's services. There is no date of publication to oppose but its still listed as "live". Should I go ahead and file for the same class with... Read more »

Erik Špila
Erik Špila
answered on Oct 25, 2022

The action you are proposing can definitely make some harm and infringe someone else rights. I strongly advice you to seek IP professional attorney in your area so he can advice you more in-depth as there are more details needed to be provided from your side.

2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Should I oppose a trademark or file for the same class with detailed description? Their description does not infringe

I have a live trademark for class 025 but the website i've created also offers goods/services under class 035, 041, and 009. I noticed someone filed for class 041 but their description does not infringe on what I'm doing. However considering my website is a community with in person... Read more »

Erik Špila
Erik Špila
answered on Oct 24, 2022

Thats a highly complicated question (questions) and you should definitely seek intellectual property lawyer to duly analyze the details of your case. There is no right answer here as it depends on further variables that you will need to provide in order to get qualified advice.

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2 Answers | Asked in Trademark and Intellectual Property for California on
Q: How much does it cost to establish a trademark? Does it vary state to state? I live in California.

I want to trademark my brand name which I wish to sell products under.

Erik Špila
Erik Špila
answered on Oct 22, 2022

Yes, every country has different pricing. If you want to have trademark in USA, then the price will be different than if you want to have trademark both in USA and European Union. For exact list of charges you can check the local industrial property office (USPTO in USA and EUIPO in EU, for... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: Can I create a new product using a patented logo?
Erik Špila
Erik Špila
answered on Oct 16, 2022

I can only guess, based on information provided, that you mean trademarked logo and not patented logo. If this is the case, no you can not use trademark of someone else to create your own product. It could be copyright or trademark infringement. However for more complete answer you should seek a... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: Can I use the New Yorker logo on top of an original design on clothes to sell on Etsy? Other well known names?

What are the rules regarding using a copyrighted name for small business commerical use? I'd like to be able to put albums, song names, or use images from movies on clothing items - obviously with an original twist of my own, but I'd like to stay in business, too.

Erik Špila
Erik Špila
answered on Oct 12, 2022

These are sort of complicated and not so easy to answer questions which would require more details from your side so we can provide you more case specific answers.

In general - you can not use copyrighted logos, names, designs and so on without the consent of the copyright owner in...
Read more »

1 Answer | Asked in Trademark on
Q: Usage of term "Minecraft"

Good morning. Is it legal to use term "Minecraft" in notebook title description (I don't print this word in notebook cover)? I have made a research and I couldn't find any restrictions in usage of that term in notebooks.

Regards,

Erik Špila
Erik Špila
answered on Oct 12, 2022

Well the term "Minecraft" is a trademark in many countries and also a copyright is in question. However I am not really sure if I understand your question correctly. What exact type of usage it would be? Will you sell something with using this? I am not able to advice further without more... Read more »

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