Q: Can a copyrighted ©️ and trademarked ™️ product be recreated by someone else but with a different product name?
How can M.J. claim for the product (no name provided) that is already made, provided in medical care for decades and has been used in shops for well over two decades by companies such as Tegaderm, Nexcare and many more? This is NOT a new invention in any nature. Just long winded description of what a tattoo is and how products like Tegaderm can protect a fresh healing tattoo from becoming infected, hitting and/or snagging on things causing scaring and/or loss of ink. Clearly Mr Jeziak SR doesn't know the full properties of the product he is trying to "claim" as his idea. Thank you for your time.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A: Using a copyrighted and trademarked product's concept or design, even with a different product name, may still be considered copyright or trademark infringement if it is substantially similar to the original. If someone is claiming a product that has been in use for decades, they may need to demonstrate that they have a new and novel contribution or improvement to the existing product to be eligible for any intellectual property protection. However, specific legal advice would depend on a thorough analysis of the details and applicable laws in the relevant jurisdiction. It is advisable to consult with an intellectual property attorney to evaluate the particular circumstances and determine the best course of action. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
