They are not the same industry and have no parallels.
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answered on Aug 18, 2023
The test for trademark infringement is whether the usage is likely to confuse as to the source of goods or services. CONSCIOUS CASA is used and registered for services in the fields of business & real estate, engineering & design, and health. Usage of the same mark for goods or services... View More 
I am creating a photo book detailing a collection of Nike Jordan t-shirts from the 1980s - 1990s to sell. I would like to title this book "Jordan Shirts", with a description of "A collection of Nike Jordan graphic t-shirts from 1985-1998".
Can I make a book about a... View More
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answered on Aug 16, 2023
Yes, you may use Nike's trademarks when referring to the brand in the book and its title; this is "nominative fair use" of the trademarks (both the word mark and the swoosh design). You may, but need not, make it explicit that your usage does not imply endorsement or approval. The... View More
My logo and my services are nothing as the above company. I don’t want to fight I’m willing add a y and be salty
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answered on Aug 15, 2023
As you point out, with different logos and markets, there is no likelihood of confusion. If the notice includes a demand that you cease using the name, you should challenge that. There is no basis for complaint without evidence of confusion or economic damage.
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answered on Aug 14, 2023
HO'OPONOPONO is a Hawaiian exercise for reconciliation and forgiveness. The current trademark registration 5716359 is for bracelets in International Class 014, which includes precious metals, jewelry, and watches. Use of the mark for acrylic paintings would not infringe this registration.... View More
It is a book about positive, negative, and flat character arcs. The cover would preferably have easily recognizable shadows of characters that fit each arc type. Such as Han Solo, Walter White, and Wonder Woman. I have characters in the public domain in mind in case I need to go that route, but... View More
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answered on Aug 10, 2023
This raises both copyright and trademark issues, but both bend in your favor.
The copyrights in the commercial depictions of the characters are owned by the producers, but allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship,... View More
Given the Marvel cinematic universe, I would create a comic book-style poster in both cinematic and chronological order. The posters would have the characters, quotes, and small details that can be seen in the movies - such as 'I am Iron Man', or the New Asgard town sign. The art style... View More
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answered on Aug 8, 2023
This product is likely to be found infringing of Marvel's copyrights as well as trademarks. The characters are all protected by copyright, and most of them are trademarks as well. Compiling several of them adds fuel to the fire and shows predatory intent which could subject you to punitive damages.
trying to make a clothing brand
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answered on Aug 7, 2023
There is currently no registration or application to register ARKA for apparel (International Class 025).
There are registrations for ARKA as used for candles, trucking, bicycle training wheels, processed seafood, and aerospace optical systems; and applications to register ARKA for beer,... View More
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answered on Aug 6, 2023
The surname MAGGI is an international brand of seasonings, soups and noodles, arguably a famous registered trademark now owned by Nestle, which is known for aggressively protecting its exclusive properties. Use of MAGGI in the field of food products or restaurants would most likely be challenged as... View More
I have an Etsy shop and van cleef took down some of my listings and I would like to know what should I avoid so they cannot IP strike me
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answered on Aug 4, 2023
The trademark to which you refer is a design, described in the registration as "a quatrefoil design with an outer edge that is beaded and an inner portion that is flat. The design also has four larger beads positioned at central points within it."
Apparently you used a design that... View More
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answered on Aug 3, 2023
If a trademark has been registered with the US Patent & Trademark Office, the owner may sue in federal court to enforce his exclusive rights. Trademark may also be registered at the state level to obtain exclusive rights in that state. The rights to use unregistered trademarks may be the... View More
So we used to be Red Devils when I was in high school over 20 years ago. After I graduated in 97, a year or so afterwards, the school dropped the red devils and consolidated with a neighboring school to become cougars. Could I now have the opportunity and permission to trademark the devil logo they... View More
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answered on Aug 1, 2023
"Trademark" is a noun, not a verb. Trademarks may be REGISTERED (a verb).
Only a USER of a trademark may register it. The application to register a trademark requires submission of a specimen (proof) showing active use of the mark in commerce. The application may be granted only... View More
Character/mascot for album cover artwork. Main character in a novel. Main character for an animated film adaptation.
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answered on Jul 31, 2023
Trademarks are registered for use on specific goods or services. For example, the character DAFFY DUCK is registered in International Class 16 for "printed matter ... namely, comic books", and also for toys in International Class 28. The application to register the mark must be... View More
The trademark will be now online primarily. Owner currently resides in the state of Illinois
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answered on Jul 25, 2023
The application to register ARTISTIC ARTICULATION LLC was approved for registration in Jan 2019, but due to the failure to file a statement showing its use within the required 6 month period, it was abandoned in Sept 2019. It could have been revived by filing a petition to revive, had that been... View More
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answered on Jul 11, 2023
Copyright in works generated with AI, and use of copyrighted materials in AI training are hot topics lately. The US Copyright Office has issued guidance on the subject which can be found here:
https://www.copyright.gov/ai/
The important legal point is that copyright registration... View More
I have designed and Developed a CRM SAAS product which is coming to market for users. need some help for copyrighting. This product is under testing and will be launched in market. Need some information about the Copyrighting aspect of this SAAS product.
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answered on Jul 8, 2023
You should obtain "work for hire" agreements from all coders of the software, and it is prudent also to have non-disclosure agreements acknowledging their work as trade secrets.
Form CO is used to register the copyright in both the source and object code when completed, and to... View More
Hi There!
I am researching something for a Newsletter Aggregator that combines 20 different email newsletters into one newsletter. The idea of the newsletter aggregator is to summarize the content of a publishers newsletter. That summary would then be added with 19 other summarized notes... View More
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answered on Jul 8, 2023
Your comments and summary text would be original works for purpose of copyright, and your selection and aggregation of the newsletters would be fair use. It would be wise to include a fair use disclaimer:
"This [site/newsletter] contains copyrighted material the use of which has not... View More
I have a startup idea that I have developed into software that is protected by copyright which forms under the definition of an intellectual property (if I understood correctly).
The question is what exact documents/contracts will help cover/protect all of my development (software,... View More
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answered on Jul 3, 2023
You should obtain "work for hire" agreements from all coders of the software, and it is prudent also to have non-disclosure agreements acknowledging their work as trade secrets.
Form CO is used to register the copyright in both the source and object code when completed, and to... View More
Specifically, the popular website musescore.com has scores that are "official" and cannot even be downloaded by subscribers, but musescore developers published the scores online, saying "fire us". Therefore, I am assuming that those files are illegal or pirated. Is it illegal to... View More
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answered on Jul 2, 2023
Copyright in works generated with AI, and use of copyrighted materials in AI training are hot topics lately. The US Copyright Office has issued guidance on the subject which can be found here:
https://www.copyright.gov/ai/
The important legal point is that copyright registration... View More
Trademark factory said I would be able to because the name is generic but if flowtoys was trademarked I don’t see why I would be able too.
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answered on Jul 2, 2023
FLOWPROPS is arguably not "confusingly similar" thus probably registrable. If the description of the use of the goods is sufficiently distinct from that of FLOWTOYS, then it would be more likely to be registrable; for instance, if FLOWPROPS were used for instruction rather than... View More
I Started using the name Praia skin in 2022 for a skincare company and mobile tanning studio, I’m using it as a DBA. Another person started using Praia skinCARE in 2023 for skincare too, mine is trademarked in 2023 for all cosmetic, skincare and sunless lotions use. Can there be a conflict?... View More
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answered on Jun 24, 2023
PLAYA ("beach") has been registered by Playa Products, Inc. for cosmetics since 2020, based on use since 2017. Unless your use of PLAYA for skin care products was earlier than 2017, you would be denied federal registration for that mark. There is no current or pending application to... View More
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