Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.

In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be... View More

Patents also have a lifespan. Typically, a utility patent only lasts for 20 years from the date of filing the application. After that period, the patent enters the public domain and anyone in that country is free to make and use the technology described in the patent. The patent you referenced... View More

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

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

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

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

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

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

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

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

Yes, IP is an asset that can be bought and sold.

However, one way to value IP is the amount of money it took to create and register with the USPTO and/or U.S. Copyright Office (and internationally as well).

I highly recommend hiring a competent IP attorney to provide a landscape... View More

Hi, you are asking a very specific legal question about trademark law. I highly encourage you to retain a competent trademark attorney to answer this question for several reasons:

First, most lawyers have liability insurance that prohibits them from answering detailed legal questions... View More

Correct. A "standard character mark" means a word mark.

Word marks are the strongest type of trademarks because you can use any font or color, and there is no accompanying graphic design analysis required when you consider the likelihood of confusion factors for trademark infringement.

In a nutshell, the owner of a patent registration gets a 20 year monopoly (from the date the application was filed) in return for giving it to the public upon its expiration. Once it enters the public domain, anyone can make and use the invention.

The USPTO provides assistance to pro se applicants. You can find more information here:

https://www.uspto.gov/patents/basics/using-legal-services/pro-se-assistance-program

Nope. The trademark registration does not have to cover every service/good you provide. However, if selling prints is something that you want to do long-term, then it would be smart to contact a trademark attorney and file an application to add that service to your existing trademark registration.

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.

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