Trademarks are registered in the exact way that they are used in commerce. If someone attempts to register a confusingly similar name for the same class/category of goods or services, where there is a likelihood of confusion, their application for trademark registration will very likely be... View More

You took the trouble to outline your matter in considerable detail and you await a response for five weeks. It could be difficult for the copyright, entertainment, and intellectual property attorneys here to answer your question. Any attorney is going to need to see the contract, and the format of... View More

I am not an intellectual property specialist, however, the material in a dictionary is not in the public domain, and my suggestion is do not copy the entry without written permission from the publisher.

Justia disclaimers below, incorporated herein.

Consider consulting with a patent attorney to determine if your idea/invention can obtain patent protection.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to analyze the specific facts... View More

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answered on Jul 15, 2020

We can't see what brand you're referring to. You should contact an IP attorney to help you protect your ideas. Feel free to call me if I can be of assistance.

A wonderful book. However, you better check again whether the IMAGES are in the public domain. A cursory search that I did said maybe not until 2045! A good Copyright/ Trademark attorney will advise you properly and help you to protect your investment. You would not want to spend a lot of money... View More

While that's a catchy name, to be absolutely certain I'd recommend having a thorough USPTO search conducted at the very least to make sure the name isn't in conflict with any pre-existing trademark registration(s) or application(s) for related services. And then you may consider... View More

While flags, coats of arms, and such are not eligible for federal TM registration in the U.S., unless modified under certain conditions, use as an unregistered logo may be acceptable as long as you're not infringing on something identical or similar that's already in use for related... View More

Consider contacting a local pro bono attorney group related to the issue. The specific facts would need to be reviewed to understand what happened and any possible wrongdoing.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client... View More

Under the first sale doctrine, the buyer has the right of re-sale, display, distribution, etc. However, unless it was created as a work made for hire, or as a commissioned work with assignment of copyright, the original copyright will remain with the artist.

The National Gallery actually has a dedicated list of works in the public domain.

https://images.nga.gov/en/page/show_home_page.html

Generally speaking works older than 1934 are likely in the public domain at this point.

Jeff,

Google Patents notes that your patent expired in 2006 for failure to pay a maintenance fee. You may want to discuss this with your patent attorney. There are ways to pay for an unintentional failure to pay a maintenance fee to revive a patent that lapsed for failure to pay the... View More

The title of a song is not something that can have copyright protection, in and of itself. It is too short.

You should perform trademark searches, however, both state and federal, to make sure no one else is using the same or a similar phrase as a trademark for cosmetics.

Questions of infringement are not straight forward (only patent infringement is addressed in this answer). One needs to research if there is something to infringe, such as a utility patent or a design patent. Then there needs to be a determination of infringement.

There is possible... View More

does a similar product already have a trademark?

if that is true then you would be infringing.

Try to come up with your own trademark.

If the product is generic, you should be able to slap your brand on it and sell away

This can be complicated.

In theory they can serve you and you should answer the lawsuit.

You could claim no jurisdiction if you live and work and the infringement happened as result of your actions in Germany.

Talk to an American attorney to understand your options better.... View More

Questions related to comparing trademarks and determination of a viable registration are very fact specific. Therefore a full analysis is needed. Although in general, registration of a new mark is not allowed if there is “likelihood of confusion.”

“The USPTO determines that a... View More

If that's the case, then make a claim through the class action claim's administrator. There should be a web site where you can do that.

From your description as to what you want to do, it sounds like you would be creating a derivative work based on the copyright protected work. To do so without being liable for infringement, you would need a license from whomever now owns the rights in Mr. Campbell's works. That is not to... View More

Probably not, HOWEVER, it would be necessary to know more about the site.

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)

HULSEY, PC

A... View More