I sell skincare. She sells weight loss tea. She trademarked a name that is similar to mine. I am first in use with sales in skincare. She is first in use with a category that she didn’t even register under the trademark and has no proof anywhere that she intends to sell in my category. She is... Read more »
The Trademark Modernization Act (TM Act) went into effect December 27, 2021. Under it, anyone can file a petition to expunge or reexamine a registration on the grounds that the mark was not actually in use at the time the registration was issued. I wrote an article about it here:...Read more »
Generally, you will need permission from the copyright owner to use a portion of their work. You have probably heard about "fair use." Contrary to popular belief, though, there is no bright-line test for how much of a recording is fair use. Courts weigh four different factors to make an...Read more »
In the U.S., trademarks arise through "use in commerce." "Commerce" means an actual commercial sale, lease or similar transaction involving a product or service. Reserving a domain name is important, but it isn't enough, by itself, to establish a trademark right. If the...Read more »
A trademark is what you are looking for. In the United States, they are established through use in commerce ("common law trademark.") To protect your rights in it, though, you should register it. Trademarks can be registered with a state or a federal government office. Federal...Read more »
If abandonment was due to unintentional delay in filing a statement of use or responding to an office action, you may file a petition to revive the abandoned application. If it was due to USPTO error, you can file a petition for reinstatement. In either case, the petition must be received in the...Read more »
Basic idea: while browsing online, people come across others that appeal to them in some way (insightful post, match in interests, etc). Normally, a long process of scanning through their content is then needed, to see if they match enough to be worth further effort.
As long as it is all public information, I don't see a privacy problem. Depending on the circumstances, "guessed relationship status" might possibly raise a legal issue if the guess is incorrect. Apart from privacy, there might be a patent infringement claim if someone else has...Read more »
A lot of academic journals, articles, etc. are only available to read behind paywalls. If I am looking to reference data, experiments, research, etc. from these resources in a digital publication can I do so freely? Moreover, can I/my organization still claim copyright/IP over the new publication?... Read more »
If it is strictly information that you would be passing along (as distinguished from copying the expression of it), then you wouldn't have a copyright problem. You might, however, have a breach of contract problem if your use of the website or the information published there violates the...Read more »
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