Ask a Question

Get free answers to your Trademark legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Hawaii Trademark Questions & Answers
2 Answers | Asked in Trademark, Arbitration / Mediation Law, Business Law and Intellectual Property for Hawaii on
Q: An ex-board member is using my trademark event name without my permission. Do I have standing to issue cease and desist

My family started a public event more than 40 years ago and I took over more than 10 years ago holding this event. I just started the process to trademark the event name. An ex-board member is using the event name and trying to hold the same event without my permission. Do I have standing to send a... View More

Sarah Teresa Haddad
PREMIUM
Sarah Teresa Haddad pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2024

If the ex-board member learned of the trademark while being a board member, (and the source of the trademark is the family board) and then the ex-board member started to use the mark unilaterally after leaving the board, then you may have grounds to issue a Cease-and-Desist letter. This may be due... View More

View More Answers

1 Answer | Asked in Copyright and Trademark for Hawaii on
Q: If a frame made of acrylic to hold a single comic had MARVEL as part of the frame - would that constitute infringement?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024

Using "MARVEL" as part of your acrylic frame could potentially infringe on trademark rights. MARVEL is a well-known brand, and its name is legally protected to prevent unauthorized use that might cause confusion or imply endorsement.

If the frame is sold or distributed,...
View More

1 Answer | Asked in Trademark and Intellectual Property for Hawaii on
Q: is splash bag trademarked?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

To determine if "Splash Bag" is trademarked, you should conduct a thorough search of the United States Patent and Trademark Office (USPTO) database or other relevant sources to check for existing registrations or pending applications for the term "Splash Bag." This search will... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Hawaii on
Q: Can I start a podcast with the same name as a documentary film from several years ago? Not quite same focus (see details

I want to start a podcast called gun stories (pretty generic name.). When I do a trademark search, there's a documentary called gun stories. Our podcast is interviewing people about their stories about guns. The documentary was about the history of guns.

Matthew Nuzum
Matthew Nuzum
answered on Mar 15, 2023

Yes, you can, but if your podcast is deemed confusingly similar to the prior uses then you may be approached to change the name or reduce the chance of confusion. And, by the way, doing a trademark search is not the best way to see if there's a conflicting usage of the name. The purpose of a... View More

View More Answers

1 Answer | Asked in Trademark for Hawaii on
Q: I’m producing a fashion exhibition with a vintage privately-owned collection. Do I need a trademark license?

The exhibition venue is available to the public, but the admission is ticketed. The fashion brand is a well-know public-facing entity, though, they do not have any affiliation with this exhibition. I am marketing and advertising this as an “honorary tribute and retrospective” and am making sure... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 26, 2022

Use of the trademark to identify the goods exhibited, so long as they are authentic and not counterfeit, is allowable and referred to as "nominative fair use" of the brand. It would be prudent, however, to state in promotional materials that the exhibitor is not affiliated with the brand... View More

1 Answer | Asked in Trademark for Hawaii on
Q: This is my company logo that has been stolen from me. Does this show that J & S own this trademark?

I temporarily closed my company down in 2013 due to my son's death. I want to restart my company and when I researched this I found J & S claiming Heaven 's Cookie as theirs. The details are incorrect but the general idea of a cloud with the name inside is the same. The font used... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 13, 2021

you should consult with an attorney

did you ever register the mark?

how long did you stop using it?

what products do you make and they make?

1 Answer | Asked in Trademark for Hawaii on
Q: I would like to trademark a term that has been previously abandoned by someone else - what's the process?

The trademark is marked as abandoned, I don't know the previous owner and do not see the term in use.

Robyn T. Williams
PREMIUM
Robyn T. Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2020

If you'd like to file an application for federal registration of a trademark that was previously registered by another, you should first have a comprehensive search conducted. If there are no problematic references located during the search, you will be able to file an application for... View More

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.