You'll need to execute a Trademark Assignment Agreement which effectively assigns the trademark and any goodwill associated with the mark to the new owner. Then that Owner can file an amendment with the USPTO. If you need assistance with any of this feel free to email me at... Read more »
I am a new entrepreneur with a Bachelors Degree in grapic design looking to start a new company. I will use the moniker High AF where the current owner has not used that moniker. As i understand it is owned by a make-up company that does not use that moniker currently or ever to my knowledge. I am... Read more »
I’d be happy to discuss this on a call. Feel free to email me at jason@altviewlawgroup.com and we can set up a time to chat.
I am a producer on a film production that is following COVID-19 guidelines for the set. We are requiring cast/crew sign an Assumption of Risk and Consent/Release forms. Most templates have an agreement between the individual signing and the "Company." As the director does not have a... Read more »
The short answer is no, you don’t need to be a legal entity to contract in this manner. But... Your question raises some potential red flags that aren’t easily discussed in this Q&A forum. I think you would benefit by by seeking the direct advice of an attorney here. If you would Like to... Read more »
Cosmetic Warriors keeps flagging all of my listings even though the title and description of my listings on Ebay specifically say my brand name, not theirs. They are complaining for using terms such as "(my company name) bath fizzies lush roses" saying it is copyright infringement.... Read more »
For purposes of a registered Trademare, there is no difference whatsoever between a capitalized LUSH and lower case Lush. So you could be deemed to be infringing on their trademark if you are using the word in connection with your brand as a trademark. However, the word "lush" is... Read more »
The info Joanne provided below (or above?) is correct. The only way to attain the owner's information is through the USPTO's database. The owner's name and address will generally be listed on the main page containing the general trademark description and info, but for more detailed... Read more »
is there any legal process i can go through to get claims resolved on a un-responsive holder?
Not really. except for certain streaming music licenses, copyrighted work does not require a compulsory license, and so if the copyright holder does no want to work out a license to you, they are under no obligation to do so.
I’d be happy to help. Email me at: jason@altviewlawgroup.com and we can set up a time to discuss this week.
You have rights but your damages depend on whether you registered the songs with the US Copyright office prior to their unauthorized publication. In any event, a cease and desist letter and demand for damages will Be your First course of action. If you would like assistance with this feel free to... Read more »
For t-shirts
The answer is “probably”. Fair Use I s determined on a case by case basis but parody is one of the acceptable forms of fair use. A parody is determined if a new work is providing commentary specifically on the Original work. In this case, you’d be making the statement, “don’t be a grouch,... Read more »
If someone straight up copies my work and redistributes it as his own on YouTube, do I have the rights to take the video down?
Yes you do. If you are the copyright owner of a work that is being infringed on YouTube, file a takedown request. If the work has actually generated significant views/listens and earned revenue from ads, you also have a claim for actual damages.
I'd be happy to help with that. If interested, shoot me an email and we can discuss - jason@altviewlawgroup.com
Language is English, website (e-commerce) it IT related
Hi there, fees vary depending on the kind of operation you're writing your terms for, but I would love to help you out with this. Please email at jason@altviewlawgroup.com to set up a time to discuss.
I am an employee of a tax-exempt Catholic Parish in Wisconsin. I am considering doing a series of trivia nights through an online platform during COVID-19. These would be to raise money for the youth group, the mission club, etc. There would be an entry fee paid by credit card or debit card... Read more »
There is more to it than this, but generally, there are specific state and federal rules against hosting a lottery (i.e. a game of chance). If you're hosting a game of "chance" (as opposed to one of skill) there must be a "No purchase necessary to Play" option for EVERYONE... Read more »
I'm the host of a paranormal radio show and I use a promotional poster to announce my guests each week. During a recent show, a woman from MA messaged me saying I was infringing on her trademark because the slogan for my radio show was similar to what she uses for her website and apparel,... Read more »
She may have a trademark in that phrase, which is completely different than copyright. Your best best is to look up the phrase in the USPTO directory to see if it’s actually a registered mark.
For purposes of a trademark, there wo d be no difference of your use her use of “we are” vs... Read more »
Discovery Bay Games, Seattle. Game is Two Bridges
If a trademark is deemed “abandoned” by the USPTO, then it is a dead mark and any new applicant must start the registration process from the beginning by preparing a new application for registration of that mark. Because of the history of your husband with respect to this game, there may be... Read more »
Hello,
we little startup game developers located in Egypt we had android app on Google Play Called "MONOPOLY LITE" and it is different from Monopoly.
Hesbro lawyer reported copyright MONOPOLY, US, 0326723
Google Play Destroyed our startup business for this claim... Read more »
A key factor in determining Trademark infringement is whether there will be “likelihood of confusion with an existing registered mark.” Based only on the facts you’ve provided, the issue here isn’t so much Hasbro has carts Blanche claim to any multi-word mark using Monopoly + another word,... Read more »
filling date was 8/30/13
status date was 10/27/14
There is no "reinstatement." You'll have to complete and file a new Registration Application and go through the normal registration process. If you need assistance, feel free to email me at: jason@altviewlawgroup.com
Our company also does clothing but we would trademark it as "Trill Apparel" and not "Trill Apparel Clothing Company". Would we be able to do this?
Because of the substantially similar nature of your proposed mark to that already registered mark, your application would very likely be rejected by the USPTO for "likelihood of confusion." When making their decision, the Examining Attorney examines the proposed mark as a whole, and... Read more »
Dear Lawyers,
I would like to register part of my company name as a trademark to prevent other companies from using it. I have carried out a search on uspto.gov and there is one record with a "cancelled" status.
I would like to know how much money and time it is going to... Read more »
This is difficult to answer with an exact cost because your registration depends on a variety of factors -- namely, how many marks and in how classes will you be registering? Basically, the USPTO charges a filing fee of $275 per mark, per class. In addition, an attorney charges their own service... Read more »
No that would be copyright infringement. You’ll need the artists permission first — make sure you get it in writing as well.
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