LET THERE BE LIGHT is a registered trademark used for ministerial services and candles, and is registered as a slogan used by the University of California for educational services and merchandise; there is also a pending application to register LET THERE BE LIGHT for decorative lighting.

If... View More

You may call or email me for a free consultation.

The LLC name does not need to match the web domain names. Neither must you record fictitious name statements for the specific sites. It is true that fictitious name statements recorded with counties in California are publicly available, but not of concern if you are not recording any. Whether you... View More

The trademark application you cite is for the text FROM HER TO ETERNITY, without any graphic element or stylized font, so whatever you designed is not at issue in the trademark registration.

If the design you created is being used on merchandise or related materials such as advertising,... View More

This is a trademark issue, not copyright. Your use of stylized text "AC/DC" even if very similar to that of the band, would not infringe the band's trademark as you are not offering the same type of services and there is no likelihood of confusion by the public. It would be prudent,... View More

There are over 800 registrations or applications to register marks with the word HUSTLE. To perform a clearance search before adopting a mark, you should consult an experienced trademark attorney.

If you are using the mark to identify you as the source of goods in commerce, the mark is capable of being registered as a trademark. It would be prudent to research whether the mark has been used previously by another supplier of similar goods before adopting the mark and applying for registration

This would be non-infringing of the registered trademark, as the mark is merely being used to identify the trademarked products. This is "nominative fair use" and is not an infringement if (1) the product or service in question is not readily identifiable without use of the trademark, (2)... View More

The "first sale doctrine" in copyright law allows you to sell the device along with its purchased content without infringing the copyright.

If the mark was registered, the abandonment was most likely due to failure to file a statement of continuing use and specimen in the fifth year after registration. If it was an application to register the mark, most likely there was a failure to respond to an office action by the examining... View More

This is a trademark question, not copyright. It is certainly permissible to state that you were formerly known by another name (trademark) if it is factually true. It is not objectionable that you distinguish the prior use, because that avoids the likelihood of confusion. Promoting confusion is the... View More

You should consult an experienced trademark attorney to assist in choosing a trademark before committing to its use, if you have not already, for some assurance it is not confusingly similar to another already registered. The attorney will file an application to register the mark in International... View More

This appears to be a trademark matter, not copyright. If you used a trademark for apparel and someone else applied to register the same mark based on use later than yours, you have priority. This is not only a defense to the claim of infringement, it may be grounds for cancellation of the... View More

This application is dead, having been abandoned in March 2023 for failure to respond to an office action in August 2022 noting that "applicant's mark, INREST, is confusingly similar to the registered mark, INNEREST." A new application for the same mark would fail for the same reason.

There are several federal trademark registrations of marks including WATSON, which is a surname. IBM does not have an exclusive right to the word, and does not have a registration in the category for financial services, so you should be able to register WATSONX.

The term of a federal trademark registration is ten years, renewable in successive ten-year periods. To maintain a registration, its owner must submit proof of continuing use and pay a fee.

It is the position of the US Copyright Office, affirmed by federal courts, that copyright can protect only material that is the product of human creativity. If the derivative work is created solely by AI processing without human intervention, then it does not enjoy the benefits of copyright... View More

It is not essential that you identify the current owner of the copyright in the novel, but if you desired to do so, the best resource would be the probate records for the novelist's estate and/or a copy of the will. Your screenplay is an original work of your own authorship, with the... View More

Procedure for federal trademark registration includes publication after approved by the examining attorney, then a 30 day period in which formal oppositions may be filed. The opposer is given an opportunity to assert priority of use to that of the applicant. Even if you don't ultimately... View More

The accusation of "prolix evidentiary averments" is quite unusual and at most could result in the court's requiring the complaint to be amended, not dismissed. But if the complaint itself is not padded with excess evidentiary matter, and the over-abundance is in the exhibits, it is... View More