A dead trademark indicates that it is available for registration yes, but you'll still have to go through the registration process which entails completing and filing a registration application and demonstrating actual use in commerce.
I recently saw 5 of his vehicles with my logo on them. I found his address and sent him an invoice. Never heard back.
Can I sue to have him either pay the invoice or remove the logos?
Yes so long as you can demonstrate that you actually created the logo for him and that you were to be paid for your services, you have evidence a contract existed between you two. This can be shown through the chain of communications you likely have with him. Did he ever agree on your fee prior to... Read more »
Trademarks can be registered in a number of different "classes" based on their use. You should probably hire an attorney to help you examine which classes LucasFilm has its mark registered in to see if it would conflict with your channel of commerce in music. Ultimately, if there is no... Read more »
To add to the answer below, you'll want an attorney to specifically review for the circumstances which allow you to terminate the contract, including whether your partner's performance issues constitute a breach and what kind of notice and opportunities to cure you have to provide. In... Read more »
trademark their musical names?
This is a legal directory and so your question is being presented to an entire legal community and not directed to whomever helped you originally. With that said, I or any of the attorneys on this platform can help you out. Our contact information is listed in each of our profiles and would be... Read more »
The names are the same there our no pictures of the charcters them self can i write the book under section 107 of the fair use act
Works of parody are generally acceptable forms of "fair use" protected from what would otherwise would amount to copyright infringement. As you've alluded, Section 107 does provide several examples of fair use, including uses of copyrighted works “for purposes such as criticism... Read more »
If you only have 1-2 members in your LLC with minimal customization required in your operating agreement, the registration process should be relatively quick, cheap and simple. If you need assistance feel free to email me and I’ll be happy to help.
Laid off 10/2. Reason was reduction in company expenses due to lack of sales from Covid-19. Male, 61 with disabilities. Employment duration 8 years 11 months. All performance reviews have been very good to excellent. Younger less experienced and lower paid employees not affected. Received a... Read more »
I would always have a lawyer review your contracts unless you are 110% certain that you completely understand every word. Once you sign it, you are legally bound to it forever, so even just a quick review can help you ensure you're not getting screwed in any way. If you would like my... Read more »
My name is 4 letters in a unique order, (no existing trademarks). My LOGO for my future website/merchandise, will basically be this same name, designed in a cursive like font (my own handwriting) I initially spoke to a USPTO rep and discovered if I was to theoretically apply for my name and logo... Read more »
There’s a few different avenues to take here which will require a longer discussion. If you want to discuss all of your options, shoot me an email at jason@altviewlawgroup.com and we can set a time for a call next week. I’d be happy to explain everything and help set you up with all the marks... Read more »
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
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