Get free answers to your Trademark legal questions from lawyers in your area.
It is a booklet of of preset drinking games of tv shows, movies or movie/tv show genres and I was wondering if I use a tv show for the title of one of the games is it copyright infringement? For example I have a Flavor of Love show drinking game. Can I use that title?
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answered on Oct 31, 2023
Using the title of a TV show or movie in the title of a drinking game may potentially expose you to legal risk. Titles themselves aren't generally copyrighted, but they might be trademarked, especially if they're part of a well-known series or franchise. If a title is trademarked, using... View More 
I am starting an electrician company the name is gonna be called “thunder struck electric” kind of after the AC/DC song thunder struck. While I know I can do the name fairly easily. My logo closely resembles the font of the AC/DC logo. I’m wondering if there is some legal trouble I could run... View More
answered on Oct 21, 2023
This is a trademark issue, not copyright. Your use of stylized text "AC/DC" even if very similar to that of the band, would not infringe the band's trademark as you are not offering the same type of services and there is no likelihood of confusion by the public. It would be prudent,... View More
I'm thinking of making a Bionicle discussion forum at the domain bionicleforum.com. I'm concerned that could open me up to a lawsuit from Lego who owns the Bionicle trademark. I'd like to know what you think.
answered on Oct 19, 2023
I have no knowledge of whether Lego would sue. It is possible that they could feel that you are creating a false association of the discussion form with Lego. They might also feel that you are creating a likelihood of confusion as to the source of the forum and could argue that this is a classic... View More
TAISHOUKEN has trademarked.
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answered on Oct 19, 2023
If TAISHOUKEN is a trademarked name, using a similar name like Taishou&KEN could potentially lead to legal issues, such as a trademark infringement lawsuit. Trademark law generally aims to prevent consumer confusion. Even if the businesses are in different cities, the similarity in names could... View More
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answered on Oct 21, 2023
Using "Taishou ken!!" when there's an existing trademark for "TAISHOUKEN" poses risks. The primary concern under trademark law is whether there's a likelihood of consumer confusion between the two names. Even with the alterations you've made, the names are... View More
i want to know if i can file a trademark for one particular item for sale on my website page
answered on Oct 14, 2023
If you are using the mark to identify you as the source of goods in commerce, the mark is capable of being registered as a trademark. It would be prudent to research whether the mark has been used previously by another supplier of similar goods before adopting the mark and applying for registration
If someone were to legitimately own x amount of items sold by a brand, is it illegal or risky to remake their packaging(not the item just the box)? Suppose the items purchased from a distributor of the brand came unboxed and loose, and someone wanted to have them boxed but couldn't find a... View More
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answered on Sep 19, 2023
Recreating a brand's packaging, even for the purpose of housing genuine products, can potentially raise intellectual property and trademark issues. Using packaging that closely mimics a brand's design may lead to claims of trademark infringement or unfair competition, especially if... View More
Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation, is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement.
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answered on Sep 19, 2023
Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration,... View More
The brand is called Xiaomi.
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answered on Aug 27, 2023
To find the registration and expiration dates of a trademark for the brand "Xiaomi," one would typically search the United States Patent and Trademark Office (USPTO) database. If the trademark is registered, the database will provide details including the registration date. Trademarks in... View More
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answered on Aug 19, 2023
If the trademark "Thunder & Lightning" is abandoned and not currently in use, you may have the opportunity to file a new trademark application to acquire it. However, it's recommended to conduct a thorough trademark search to ensure there are no conflicting marks and to consult... View More
I am creating a photo book detailing a collection of Nike Jordan t-shirts from the 1980s - 1990s to sell. I would like to title this book "Jordan Shirts", with a description of "A collection of Nike Jordan graphic t-shirts from 1985-1998".
Can I make a book about a... View More
answered on Aug 16, 2023
Yes, you may use Nike's trademarks when referring to the brand in the book and its title; this is "nominative fair use" of the trademarks (both the word mark and the swoosh design). You may, but need not, make it explicit that your usage does not imply endorsement or approval. The... View More
The names I am using are not real companies but the answers applies to the company I am trying to start. If the business is in the same industry, are our names to similar?
answered on Jul 11, 2023
There is a big difference between the name of a company and a trademark. The California Secretary of State will allow you to set up a company name that is different from other company names and does not care what industry in which it transacts business. The SOS' main goal is to ensure there... View More
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answered on Jul 6, 2023
If you suspect trademark infringement, gather evidence and consult with a trademark attorney for guidance. Consider sending a cease and desist letter, and if necessary, pursue legal action. Keep detailed records throughout the process. Remember, a trademark attorney can provide personalized advice... View More
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answered on Jul 4, 2023
The use of the name "Greta Garbo" as a song title could potentially raise issues related to trademark and publicity rights. Greta Garbo was a famous actress, and her name may be protected under various intellectual property laws. Using her name without proper authorization or a legitimate... View More
For example: Black Rifle Coffee Company owns a trademark for "Freedom On." Can no other coffee company put the word "Freedom" on their coffee?
Similarly, Black Rifle Coffee Company owns a trademark for "America's Coffee" does this mean there can be no... View More
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answered on Jun 29, 2023
Trademark liability for similar generic terms on similar products depends on factors like distinctiveness, consumer confusion, and likelihood of confusion. While Black Rifle Coffee Company's trademark for "Freedom On" may not prevent all other coffee companies from using the word... View More
My trademark # 86030052
answered on Jun 16, 2023
Registration No. 4766801 (SN 86030052) for FROST COSMETICS issued in July 2015 was cancelled in January 2022, for failure to file a statement and specimen of continuing use as required by the sixth anniversary of registration. This cannot be cured, but a new application for the same mark could be... View More
I want to start a little business where I sell these mini clothes for plushies or figures.
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answered on Jun 15, 2023
Creating clothing for plushies or figures of popular brands without proper authorization can potentially infringe on intellectual property rights. It's important to respect trademarks and copyrights associated with the brands. Obtaining permission or licensing from brand owners is recommended... View More
I recently created a basic outline of my city (by tracing a map) and put a simple heart on it. But then someone told me they have a trademark on that design.
That seemed odd to me, because it's a very basic/uncreative combination. And I wondered what would prevent someone from... View More
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answered on Jul 6, 2023
Trademarking an image of a geographic place with a heart (♥) can be complex. Trademarks are usually granted to distinctive symbols that identify the source of goods or services. While a basic combination like an outline of a city with a heart may seem simple, it's important to consult with... View More
I applied for TM registration in Jan 2022. The mark was registered in Feb 2023. After I applied but prior to registration my TM was infringed and counterfeited. I am wondering if statutory damages are available retroactively to the date of my TM application or only available for infringement after... View More
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answered on Jul 6, 2023
In the United States, the availability of statutory damages for trademark infringement and counterfeiting can depend on factors such as the date of the trademark application and registration. Statutory damages are meant to compensate trademark owners for infringement.
I read that I can be sued if I claim the trademark and start using it while the previous owner is still selling items under that name. I also read that I need to figure out if it was denied, and if so, why? That way I don’t run into the same problems.
answered on May 29, 2023
To start you should look at why the mark was abandoned. Was it denied originally due to an office action and the owner let it lapse, or are they no longer using the mark. If a mark is no longer in use and abandoned you may file for an application with the USPTO for the abandoned mark in the same... View More
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