I did a search for choose happy on this site and coke has it trademarked. I was wondering if I can still put it on a shirt since it has nothing to do with coke products or drinks.
answered on May 17, 2020
In addition to Ms. Suero's comment, what is the purpose of the mark? Is it to be associated with clothing or something else? As for copyright protection, being a phrase it is too short to be covered and the phrase seems to be used in numerous ways alaready.
Are we able to sell it? We don't claim the artwork as ours.
answered on May 16, 2020
It is not a question about whether you claim the artwork or not for 2 reasons: The logos are trademarks of the firms that produce the goods and services associated with them. The designs are protected by copyright and without a license from the owner of the copyright in the work, you would be... View More
What is the case that we can file against them?
answered on May 15, 2020
It sounds like a question of whether the organization is violating your right of privacy. Check to see whether you were given notice of their intention before you attended the event so that it could be said you consented to their use by participating in the event. Look closely at the invitation... View More
I’m a independent cosmetic brand and skinlights is trademarked by Revlon.
answered on May 15, 2020
Not likely. Changing the order of words or adding words is not the test. Rather it is whether a consumer would be confused about the source of the cosmetics. Based on what you say, the core of the mark consists of "skin" and "lights." Revlon will not let it go. Best to rethink your strategy.
I'm looking to trademark a business name (call it "FishExample"). FishExample is currently trademarked for "furniture to store fishing supplies and goods". My FishExample business will be an online community/resource for fishermen (unrelated to furniture, but tied into... View More
answered on May 15, 2020
As usual with so much in the law, the answer is, "It depends." A trademark owner acquires rights in their mark, whether for goods or service, by using it in ways that convey to consumers that there is a particular source offering the goods/services. From what you write, it is not clear... View More
answered on May 14, 2020
I agree with Ms Suero's answer. I would add that it might be worth it to see whether having the other user will assign to you all rights he/she may have had in the mark, especially if the use you intend is similar to that of the other user. Best to work with a trademark attorney to explore... View More
I have a trademark, un-stylized, for a name for my product. I have seen others use the name for their product in unrelated items (mine is clothing accessories, theirs is fabric-related, but not clothing). Do I need to send a cease and desist and/or name licensing agreement to defend my trademark?
answered on May 14, 2020
Your protection from infringement only extends to the class(es) you claimed and in fact use the mark in connection therewith. The test is whether a consumer would be confused as to the source of the goods/services being offered under the mark. For example, the mark "Dominion" is used by... View More
I’m an independent travel consultant (Not an employee of my host agency that allows me to operate under their FL Travelers license).
For the marketing company, I am a independent representative whose home office is in Georgia.
answered on May 12, 2020
It would seem you should be able to set up a Maryland entity that serves the function of the travel agency. Likewise, in stating the purposes for the formation of the company, you can list more than one purpose. If the marketing arm will be primarily functioning in Georgia, you would need to have... View More
answered on May 12, 2020
To the extent you created the content that appears on your website, you can register the copyright with the Copyright Office in that content. However, so much 3rd party content, etc., goes into building a website, you need to track down what are the sources of that content and under what license... View More
answered on May 11, 2020
While the designation on the USPTO may say "abandoned", it does not mean that the owner of the mark is not continuing to use it. It just means that the person failed to deliver the materials/information required by the USPTO to proceed. It would be good for you to do a thorough search... View More
answered on May 10, 2020
What does the signed photo release say? Is it for one photograph? Does it limit the use of the photograph in any way? Why you need to use the particular photo release form? I ask these questions because it is not clear from what you have written, what exactly you wish to know.
I take character art from online, take out the background in Photoshop, make the character solid white; leaving only the outline and define the edges with a black stroke and then import the final product into a virtual table to resemble characters in our Dungeons and Dragons role-playing sessions... View More
answered on May 10, 2020
If you are copying in any way from someone else's art work, you will be making a derivative work which would be an infringement unless you received permission from the owner of the copyright protected work.
answered on May 10, 2020
You might want check the Terms of Use of the source where you found the music to see what is said about licensed use.
famous people are being used as characters, using their real names, and they have dialogue, relationships, etc. in this book, i.e. a very famous baseball player and a very famous reporter.
answered on May 8, 2020
You need to proceed cautiously, especially if the people you write about are alive. Famous people have the Right of Publicity, meaning the right to exploit their own fame. Definitely work with an attorney before you publish your book.
answered on May 8, 2020
The answer to your question is "no." The exclusive rights in copyright last the life of the author (creator of the work) plus 70 years, and in the case of a company the rights last 95 years from publication.
answered on May 8, 2020
It may be possible if the goods/services you plan to offer are clearly different from the goods/services offered by the other company. By way of example, three different companies own rights in the mark "Dominion." That is because one is an electric company, the second produces sugar... View More
answered on May 8, 2020
In order to meet a "fair use" test under copyright or trademark law, you should only use what you need to make your point. In your case your goal is to compare data created by the 2 companies. So while it may be OK to use their names, because you are using them in a factual context,... View More
I want to start a small embroidery business and a common way to make designs is to buy them off of sellers on etsy. Would I be able to sell products with their designs?
answered on May 8, 2020
As Mr. Boyer says, you would need a license to use the design, because whatever you produce based on the pattern would be a derivative work. Check the Terms of Use on the website where the design was posted. Most likely it gives you a limited license to make products for your own use, but not for... View More
answered on May 7, 2020
Usually the examiner wants it clear that you are "disclaiming" any right to a generic word. For example, if you used the word "association" in your mark, you do not acquire any rights in that word. Anyone can use the same word in their mark.
This was Mrs./Ms. Berschler's reply to my question on copyright and public domain books from the 19th century and from before that: "Just a thought to add to Mr. Watson's excellent answer to your question, and that is how do you intend to portray the books on the shelves appearing in... View More
answered on May 7, 2020
Thank you for your follow up to my comment about your game's development. By the way, if you are thinking of using the name of the game as a trademark, you will want to be sure there are no prior takers. If it is just going to act as a title for the game, copyright does not protect titles.... View More
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