answered on Mar 14, 2019
In order to register a trademark, you must show "actual use in commerce." So generally this would require launching the product before you can get approved with your registration. With that said, you can file a registration application for your mark on an "intent to use" basis,... View More
Our registered Trademark is LuGinDee to sell cooking aprons and t-shirts online. Per a Google search of our name, it was discovered that the typeset is not correct. If you look at the justia.com listing for our name, you will see what we mean.
answered on Mar 12, 2019
If you've registered a trademark as just a word mark, in your case, the word "LuGinDee" then you're free to use it in any type or font, color or other style you want, with trademark protection (meaning other can't use it) so long as the word "LuGinDee" is still... View More
Just need to Trademarks transferred
answered on Mar 8, 2019
This is a simple process if you know what you're doing. It's important that any assignment agreement assigns the rights to not just the trademark, but all goodwill associated with the mark as well, which is language that would be drafted into the applicable assignment agreements. If you... View More
Good afternoon I had a quick question i have been using this app called poshmark to sell clothing etc. I recently sold a authentic Selena Gomez poster with limited edition socks and gloves the item sold for 90$ and it says they were delivered successfully. Now the app says give the buyer 3 days to... View More
answered on Feb 27, 2019
While I haven't looked at Poshmark's Terms of Use, I would advise you to fully review the app's Terms, as they most likely provide a means of filing a grievance of some sort if there's been a delay in payment. If your payment is only 1 day late and you just contacted support,... View More
I have the numbers for the trademark from the Justia site.
answered on Feb 21, 2019
It doesn't work that way. If a trademark is dead or abandoned, you must go through the process re-registering the mark by filing a registration application with the USPTO
They are letting the other person claim it as their own and refusing to pay for it
answered on Feb 8, 2019
Sounds like you've got a collections matter on your hands, with claims for breach of contract, and also copyright infringement. In most cases, a legal demand letter does the trick. If it doesn't you either have to let it go, or file a lawsuit (either in small claims or civil court). I... View More
I am looking to open a Game of Thrones pop up bar in NYC. I would like to be able to have it be a Game of Thrones bar, versus a Game of Thrones inspired bar because of the trademarking.
answered on Jan 31, 2019
I would start with HBO's licensing & retail department. A Google search should point you in the right direction. My firm handles these kinds of deals regularly - if you would like assistance, feel free to email me at: Jason@altviewlawgroup.com
Can a photographer claim copyright infringement and sue for damages on photos posted to a hobby website in 2014 with clear credit and links given back to the photographers website and Instagram account when the copyright was not filed until 2018 for said photos?
answered on Jan 28, 2019
A copyright is established the moment the work is produced in a tangible form (i.e. once the photo is created). So if you have exploited someone else's picture without authorization, you have committed copyright infringement. By registering a work for copyright with the US Copyright Office,... View More
answered on Jan 25, 2019
On a very quick review, there do not appear to be any obvious conflicting registered marks in the USPTO database. While a more thorough review will need to be done to really knock out any potential for conflicts, this is most likely a registrable work, depending on your company and it's... View More
I don't own "EFY" but have been selling music and mp3's that I do own based on their summer camp. I had a verbal "okay" from them to run it the past few years, and they have often checked in to see how things were going. Now they are deciding to pull everything close... View More
answered on Jan 24, 2019
You may still be able to register the trademark for use In Class 41 (Entertainment Services) with your scope of services limited to something like music production/distribution; but it really depends on the Summer Camps's mark - i..e how are they using it? What class are they registered in?... View More
Or If my Brand Name was trademark will it cover my Logo being trademarked?
answered on Jan 21, 2019
You can register both your service mark and your design mark (logo) at the same time, but each is treated as separate registration applications and evaluated independently (and subject to their own registration fees).
answered on Jan 9, 2019
No need to apologize, you posted to a legal question and answer forum, not a law firm, a lawyer in particular, or anyone who is even in charge of overseeing your trademark.
Depending on the circumstances of the abandonment, and the specific “oversight” you’ve mentioned, it may be... View More
answered on Jan 9, 2019
This is a legal question and answer forum, not a law firm or any one lawyer in particular.
All Trademark ownership information can be found at the USPTO website by searching for the mark you wish to retrieve info about.
answered on Dec 6, 2018
I would register your screenplay with the US Copyright office BEFORE submitting it anywhere. The age old "poor man's copyright" (i.e. mailing the creative work to yourself and keeping in a sealed envelope) doesn't really protect you like a valid copyright registration does, nor... View More
I came up with the idea and brought it to my producers partner and she had her lawyer write a contract in regards to the script and I want to make sure I know what I’m signing
answered on Dec 5, 2018
I can help. Shoot me an email if you’d like to discuss: jason@altviewlawgroup.com
In 2009 the status is as listed above. Am I able to register this trademark today?
answered on Nov 16, 2018
If the mark is indeed abandoned, then yes it is available for you to prepare and file a new application for registration. Note that your application will be treated as new, so you'll have to go through the entire registration process; it will not simply pick up from the previous registration.
My children's story was performed for the public by a director friend and a radio station recorded it for us. They now want to play it on the radio and need me to sign a release form giving them copyright over the broadcast recording. I am still trying to get my story published in book form... View More
answered on Nov 2, 2018
I agree with what Andrew said, and will add that beyond a mere review by an attorney, you should have an attorney revise the agreement and negotiate a specific carve-out so that any rights you are giving up in the broadcast does not apply to literary publication. the best scenario for you is to... View More
Correspondence between event info and I resulted in this response:
"You are welcome to take pictures and bring your camera, but agrees not to transmit, distribute, or sell (or aid in transmitting, distributing, or selling), any media now or hereafter existing, any description,... View More
answered on Oct 4, 2018
It's actually quite common for event-holders to restrict the use of intellectual property rights to the activities occurring within their event space -- Just as you would not be permitted to post live action of an NFL game that you attended, it's reasonable for this event to restrict the... View More
answered on Oct 1, 2018
It depends on the use -- if you're just posting an image on your general timeline for fun, then you shouldn't have any issue. BUT, if you have are using the image for commercial purposes, for example, on a business Page, or in connection with some kind of branded advertisement or other... View More
answered on Sep 25, 2018
"Litigation" refers to the filing of lawsuits (i.e. courtroom lawyers), whereas "Transactional" refers to general business and legal affairs of a person or entity (i.e. negotiation,drafting and review of contracts; and other deal making).
Often times an entertainment... View More
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