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Alabama Trademark Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for Alabama on
Q: Am I committing trademark infringement by using a brand and trademark that has been dormant for over 25 years?

3dfx made computer accessories under the Voodoo brand. Nvidia, who makes the GeForce series of computer accessories acquired 3dfx in 2001 and shut them down. Nvidia never uses any of their branding or trademarks, they only use portions of technology that was internally developed. Over 20 years... View More

James L. Arrasmith
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answered on Feb 21, 2024

Using a brand and trademark that has been dormant for over 25 years could potentially lead to trademark infringement issues, even if the original owner has ceased using it. Trademark rights can persist as long as the owner continues to renew and maintain them, regardless of whether they actively... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Alabama on
Q: Fair use or copyright infringement? Can something that is an infringement in copyright or IP law also be fair use?

Examples:

1. I draw a fan art of a car with a company logo on the front from a photograph without permission.

2. I draw a fan art without permission of a character.

3. I right click a copyrighted image from Google Images, Bing Images, or a website, etc. and click "save... View More

James L. Arrasmith
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answered on Jan 30, 2024

Determining fair use versus copyright infringement can be complex, but some general principles apply:

1. Using a company's logo in fan art without permission is generally trademark infringement, not fair use. Trademarks identify the source of goods/services, so using them suggests...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Alabama on
Q: What uses does fair use cover besides the examples of criticism, commentary, news reporting, teaching, research, etc.?

I'm looking for an overview of everything it would generally cover. I already know it covers criticism, commentary, news reporting, teaching, scholarship, or research. But does this apply to an individual, businesses, or both; is it only for private uses or anything non-commercial only? Is it... View More

James L. Arrasmith
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answered on Jan 30, 2024

Fair use is a legal doctrine that provides certain limited exceptions to copyright law, allowing the unlicensed use of copyright-protected works in certain circumstances. Here's a broad overview:

- Fair use applies to both individuals and businesses/organizations. It covers private,...
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1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Alabama on
Q: Is it permissible under copyright law to screenshot Google Street View imagery of a house I grew up in for memories?

What about if the images contain someone's car or any trademarks? Does this action infringe on any IP, such as design patents, patents, copyrights, trademarks, etc.?

James L. Arrasmith
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answered on Jan 29, 2024

Under copyright law, using a screenshot of Google Street View imagery for personal, non-commercial purposes, like reminiscing about a house you grew up in, generally falls under fair use. However, it's important to be mindful of how you use these images, especially if you decide to share them... View More

1 Answer | Asked in Contracts, Copyright, Intellectual Property and Trademark for Alabama on
Q: Is it fair use to backup android or iphone apps or other software I obtained legally if not stated in the terms of use?
James L. Arrasmith
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answered on Jan 24, 2024

There is no definitive yes or no answer to this question, as determining fair use involves a complex, fact-specific analysis. However, some key considerations regarding backing up legally obtained apps and software include:

- If the terms of use or license agreement specifically prohibit...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Alabama on
Q: Is it still copyright infringing if someone prints a copyrighted image for their kid's bedroom wall without permission?

I read online that most people don't care since it isn't being shared but yet they still are copying without permission. There's also saving a copyrighted image from Google Images and setting it as a desktop or phone wallpaper without permission; I read online that could be legal,... View More

James L. Arrasmith
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answered on Jan 24, 2024

Yes, generally printing a copyrighted image for personal use in a kid's bedroom without permission from the copyright holder would still be considered copyright infringement. Here's a breakdown:

- Simply making an unauthorized copy of a copyrighted work constitutes infringement,...
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1 Answer | Asked in Copyright and Trademark for Alabama on
Q: Can I use Palooza in an event name eg Pirates Palooza

We are hosting a local festival and I did not want to use something trademarked

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 15, 2023

Palooza is commonly used descriptive term of a party and generic word so there should not be any trademark infringement issues with that particular term. Descriptive and generic terms are afforded little to no trademark protection.

2 Answers | Asked in Trademark and Intellectual Property for Alabama on
Q: April 3, 2023I am a pro se plantiff/Charles Weinacker vs Shaddy and Charles Weinacker vs Wahl...

The Judge, wants to move to consolidate the 2 cases/both Trademark infringements...never heard of such, especially since I am about to file 3 more infringement cases...any thoughts???

N'kia (NLN)
N'kia (NLN)
answered on Apr 3, 2023

Consolidation is not uncommon. Judges often consolidate cases for the purposes of "judicial economy" or "judicial efficiency." For example, if one party has essentially the same issue with two opposing parties, consolidating the two cases can help ensure that the common issue is... View More

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1 Answer | Asked in Trademark for Alabama on
Q: Somehow my trademark became "dead:How can I get this reinstated

For Serial Number: 77426116

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 23, 2022

This application was abandoned a long time ago (in 2008) for failure to respond to some questions that the United States Patent and Trademark Office (USPTO) had in connection with the application. That application is long dead and cannot be revived or reinstated. But you can potentially file a new... View More

1 Answer | Asked in Business Law, Federal Crimes and Trademark for Alabama on
Q: Is it against the law to use the name of a government program to market advice and sell services?

My company helps military veterans with their benefits and provides counseling for them to make sure they are receiving the maximum benefits they are entitled to. Would it be against the law if I bought a domain such as www.selectiveservice.com (Just a random example not the actual domain) and... View More

Fritz-Howard Raymond Clapp
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answered on Jan 17, 2022

The names of government agencies and programs are essentially trademarks or service marks, and are infringed if private entities promote goods or services with confusingly similar names.

1 Answer | Asked in Internet Law and Trademark for Alabama on
Q: How can I counter response to someone who reported me copyright infringement even though the art is different?

I was sent a notice on Etsy about copyright infringement but my design is different then what is being reported. I used different images and fonts. How do I respond to get them to over turn their decision?

Robert Kost
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answered on Nov 18, 2021

This question is a very specific one, and will turn on the specifics of who is reporting what to whom, and what their and your designs are. Maybe Etsy has a simple process? Otherwise, I'd suggest that this can only be properly answered by an attorney in dialog with you, and not through a web form.

1 Answer | Asked in Trademark for Alabama on
Q: If someone else trademarked my business name do I have any rights? Incorporated 2017. Trademarked 2019 by this person

Received cease and desist letter via email

Nothing by mail

Allison Higgins
Allison Higgins
answered on Nov 3, 2020

Hi there. Unfortunately, there is not a simple yes or no answer to this question. You should definitely reach out to a licensed trademark attorney to help determine the best steps for you to take.

1 Answer | Asked in Trademark for Alabama on
Q: Hello! I purchased a trademark that is now in abandoned status. I would like to know the proper steps to reactivate.

Serial Number 85926113

Evelyn Suero
Evelyn Suero
answered on Sep 3, 2020

Depending on how much time has passed since the trademark was deemed abandoned by the USPTO, you may be eligible to petition to revive it. However, it is more likely that a new trademark application for registration will have to be filed. A proper clearance search, however, must be conducted in... View More

2 Answers | Asked in Copyright and Trademark for Alabama on
Q: When looking at my trademark online is states 606-Abandoned-No statement of use filed. What would I do?
Evelyn Suero
Evelyn Suero
answered on Jul 8, 2020

You should consult with an attorney to determine whether you can revive the application or if you have resubmit.

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1 Answer | Asked in Trademark for Alabama on
Q: Can a brand name be trademarked by someone else if it has been registered as a legal entity in the State of Alabama?

If a brand name has been established but we had not trademarked the name and just recently found out someone else has can we legally no longer use the brand name?

Mark A. Baker
Mark A. Baker
answered on Jan 10, 2018

If the other party's use of the name has been trademarked through the USPTO, you may have an uphill battle. Much would depend upon the timing, although if your usage of the name commenced before the other party's use, and you can document this use, then there may be an avenue to proceed.... View More

1 Answer | Asked in Contracts, Copyright, Entertainment / Sports and Trademark for Alabama on
Q: Do I (the producer) own the rights to an artist’s image/likeness/master recordings?

I produced (recorded, mixed, mastered, published, etc) two albums and numerous music videos for an artist. We were a team and were good friends. The artist willingly allowed me to record him, video him, photograph him, etc. and post it all on my website and social media pages many times. No... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Dec 4, 2017

Unless the artist agreed to convey to you the property you don't own it. You might try to enforce some contract by course of dealing, or attempt to show that he gave the work away, but you are going to learn a lesson in doing things without an agreement in place.

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