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If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More 
answered on May 30, 2024
The U.S. Supreme Court redefined the parody exception to trademark law in 2023. In the case of Jack Daniel's v. VIP Products, the court held that trademark parody exceptions only apply to "noncommercial" products. Therefore, it is now much easier for famous trademark owners to sue... View More
Hello, I used the expression 'BOYMOM' in my etsy store without knowing that it was trademarked. The product has been disabled by Etsy. I told the brand owner that this was not used intentionally and asked him to withdraw his complaint on this issue. However, he stated that he would not... View More
answered on May 21, 2024
You are asking if you have a defense to allegedly committing trademark infringement. I do not think any lawyer will answer that question in a public forum.
A trademark is how customers recognize your goods or services in the marketplace and distinguish your goods or services from your... View More
I want top register an expired trademark I see online
answered on May 21, 2024
A trademark clearance search should still be conducted to ensure that the expired mark is truly dead, and there are no pending applications or a family of related marks that can cause issues. The USPTO application fees are non-refundable, and it currently takes approximately one year for the... View More
answered on May 15, 2024
The short answer is "most likely, yes."
The M*A*S*H trademark is limited to "a comedy television series."
The writers of that TV series will have a copyright for those TV scripts. So, you may not make a derivative story about any of the characters from that TV... View More
I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More
answered on May 8, 2024
Under U.S. law, an original work of authorship fixed in a tangible medium receives an automatic copyright.
You own a copyright to your original sketches. You do not own your friend's artwork (at least the original components that she added) because you did not agree via contract with a... View More
My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.
answered on Apr 30, 2024
Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More
It is not a registered business or trademark. They only have the domain name.
answered on Mar 21, 2024
This is potentially a problem.
Trademark infringement is based on a likelihood of confusion. If you are providing a good or service that is similar to someone else and using the same name, then there could be confusion as to the source of the goods/services.
Federal trademark... View More
answered on Mar 20, 2024
At least one of the independent claims (including each element of the claim) must be made, used, offered for sale, or sold for your patent to be infringed. If any element of the independent claim is missing, then they have designed a way around your patent.
The first step is to consult a... View More
answered on May 21, 2024
Camco Manufacturing, Inc. owns the design patent for a Curved Leveler with Base Pad.
See: United States patent number D918523.
This design patent should expire on May 4, 2036.
answered on Mar 27, 2024
The USPTO website is the most accurate website for a U.S. trademark registration status. If the trademark listed was "canceled," then the first person to apply for that trademark and the same class/listing would become the new owner once the examination was completed.
Trademark... View More
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