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answered on Nov 28, 2023
No, the decorative patterns and designs on Pfaltzgraff Yorktowne dishware lines are very unlikely to be protected by active trademarks or eligible for trademark protection. Therefore, you should generally be free to sell paint stencils replicating those patterns without infringing trademarks.... View More 
I would like to ask what I can do when my former partner in the company stole the software and registered a patent only for himself? The software belongs to a Slovak company in which he was a partner, but the court canceled his partnership. Is it possible to challenge this patent or file a request... View More
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answered on Nov 21, 2023
If your former partner registered a patent on software that was developed within your Slovak company and without including you or the company as co-owners, you have several options to consider. The first step would be to gather all evidence that demonstrates your contribution and the company's... View More
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answered on Nov 18, 2023
Yes, you can apply to trademark a slogan like “US Star Open I will play it one day” in the United States, provided it meets certain criteria. The United States Patent and Trademark Office (USPTO) requires that a trademark be distinctive and used in commerce to identify and distinguish goods or... View More
I composed a song where, at some point, I make reference to the title of an important social protest song that became a sort of an anthem, and I describe how important it was to rally the people and brake their fear to the oppressor. However I found out that its title has been trademarked, and I... View More
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answered on Nov 17, 2023
In Florida, referencing the title of a trademarked song in a new composition can be legally permissible under certain conditions. This usually falls under the category of fair use, especially if the reference is made in a way that is transformative, such as using the title to comment on, criticize,... View More
We are trying to make thee brand for America and want to know if the brand is in use we saw that the brand was used in the UK and want to know if it’s available for the United States
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answered on Nov 8, 2023
To ascertain if "TNO" is trademarked and who currently holds the rights, you should search the United States Patent and Trademark Office (USPTO) database. Trademarks can be country-specific, and the fact that a brand is trademarked in the UK does not automatically mean it is protected in... View More
Heres the dilemma: Person 1 runs a Nike monitor and pays for it to give out Nike links to members that paid a subscription which allows them to get hype releases first. Person 2 else just posted a link from that Nike monitor (using the monitor's domain) to the public for free. Does that... View More
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answered on Oct 31, 2023
In general, mere URLs or links themselves are not considered intellectual property. However, the issue here isn't just about the link but about the service Person 1 provides. If Person 2 is accessing Person 1's paid service and redistributing its contents without permission, there may be... View More
answered on Oct 20, 2023
If a trademark has been abandoned you can file an application with the USPTO to apply for the trademark. In order to receive a registered trademark an application for the mark must be filed with the USPTO and you must also be able to provide proof of the mark being used by you as the owner in... View More
I want to make and design a specific credit card that works for “certain” (ill be. More specific on what that is when i start talking to a lawyer) purchases where the user get points/cash back a purchases in this specific category. I want to patent an MCC (merchant category codes) along with... View More
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answered on Oct 15, 2023
If you're aiming to patent a credit card concept based on a specific MCC usage, there are a few things to consider. First, remember that to be patentable, your idea must be novel, non-obvious, and useful. While the concept of rewards or cash back on credit cards isn't new, your specific... View More
I had to let it go because of no funds to prolong the registration.
answered on Sep 25, 2023
You should speak with a Florida Attorney if this is in the State of Florida, if you are a do it yourself type person, you can go to Sunbiz.org, Florida Department of State website and see what needs to be done. Depending on how long it has been inactive, you may or may not be able to get it. No... View More
answered on Sep 22, 2023
It means another party filed a cancellation proceeding, which is a legal proceeding that attempts to cancel the mark on one or more grounds. In this particular case, it looks like that cancellation proceeding ended in December 2022. The cancellation request was denied, meaning that it is still a... View More
answered on Sep 12, 2023
Yes, any time you are running a business of any type, you want to keep your business and business assets and liabilities separate from your personal matters. You accomplish this by properly setting up the business and keeping personal and business assets separate and creating an Operating Agreement... View More
answered on Sep 7, 2023
You will likely encounter some difficulty. There is a registered mark (and another pending application) for MOB TIES, for many types of clothing. It is likely MOBTIES CLOTHING would be considered as likely to cause confusion with MOB TIES when used with clothing products.
I registered a Trademark Name for my figure flattering apron designs called Shaypron. I have been using that name for 10+ years on my aprons that I sell, I just saw that my trademark was marked abandoned.
answered on Sep 7, 2023
I assume you are talking about the mark "DEBRA MURRAY SHAYPRON". If so, this registration went abandoned a very long time ago, such that you will need to file a new trademark application (whether for DEBRA MURRAY SHAYPRON or for just SHAYPRON). If you do this right away, you should be... View More
I'm trying to use Warner Bros characters in a fangame and not get sued
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answered on Sep 4, 2023
Using copyrighted characters without permission from the copyright owner, even if you omit their name, can still potentially lead to copyright infringement issues. Copyright law protects the expression of an idea, including characters, and not just their names. If the characters you are using are... View More
They are not the same industry and have no parallels.
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answered on Aug 18, 2023
The test for trademark infringement is whether the usage is likely to confuse as to the source of goods or services. CONSCIOUS CASA is used and registered for services in the fields of business & real estate, engineering & design, and health. Usage of the same mark for goods or services... View More
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answered on Aug 14, 2023
HO'OPONOPONO is a Hawaiian exercise for reconciliation and forgiveness. The current trademark registration 5716359 is for bracelets in International Class 014, which includes precious metals, jewelry, and watches. Use of the mark for acrylic paintings would not infringe this registration.... View More
For example my name is "goodpure" and theirs is "puregood+" they have the exact same goods and services. I'm looking to sell online nationwide not in any stores. And if I can get registered in another country I would do that if possible. I am eligible for dual citizenship... View More
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answered on Aug 6, 2023
Given the similarity in names and the exact same goods and services, filing a trademark for "goodpure" could potentially lead to rejection by the USPTO or an opposition from the existing "puregood+" trademark owner due to likelihood of confusion. Registration in another country... View More
answered on Aug 4, 2023
If a trademark is Abandoned any person may file for the abandoned mark with the USPTO in the same or similar goods and services. In order to file for the trademark you must prepare and file an application with the USPTO. In order to file an appropriate application it is best to consult a trademark... View More
I believe they violated TOS. My account was banned while I wasn’t even streaming. They never told me why I was banned which in their terms of service states they have to apon request. They allowed a lot of bullying and illegal behavior to occur and didn’t defend me from phishing fake accounts... View More
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answered on Aug 6, 2023
Hi there! Happy Sunday.
If you believe your account closure on the livestream platform violates their Terms of Service and you have been waiting for a response since March 2023, you may consider taking the following steps:
1. Review the platform's Terms of Service and policies... View More
Can video footage with audio be used for a criminal investigation? We found out our security camera has captured audio (on a public sidewalk) and the conversation includes a discussion of interest for a legal case. We are aware that the audio feature should have been disabled but wasn't (we... View More
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answered on Jul 28, 2023
Please note that I am a Californian attorney, and my response is based on California law. For matters specific to Florida law, it is essential to consult with an attorney licensed in Florida.
However, as a general principle, the use of video footage with audio for a criminal investigation... View More
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