Get free answers to your Trademark legal questions from lawyers in your area.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2024
When you purchase a tumbler with a Disney character on it, even if you add rhinestones or other customizations, selling it could lead to legal issues. Disney's characters are protected by copyright and trademark laws, meaning they control how their intellectual property is used. Modifying and... View More 
My business is named Queen Bee Wax Studio and I just received a message from the owner of Queen Bee Salon and Spa saying that she owns the rights to Queen Bee Waxing. We are in the same industry but she's on the west coast and I'm on the east coast. Can she force me to change the name of... View More
answered on Aug 9, 2024
I can provide some educational material related to trademarks. If someone has a federal registration on the principal register before another person begins using a mark, the federal trademark owner will be able to enforce it provided that there is a likelihood of confusion. If a person on the West... View More
My church runs a festival each December to raise money for non-profit charities. It is called The Festival of Sharing. Each year we have a theme. In past years we've used Helping Hands Around the World, The Light of the World, etc. This year we wanted to use "The Heart of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024
Using a phrase that is trademarked can be tricky, especially if it's for an event that is public and involves fundraising. "The Heart of Christmas" being trademarked means that there are specific legal protections around its use, particularly in contexts that might overlap with the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024
To protect your intellectual property for the name "Flying Yankee" in Massachusetts, you'll need to pursue both copyright and trademark protection. Here's a guide:
Copyright:
1. In the United States, copyright is automatically granted to original works upon... View More
Using "made up names that emphasize the quality of a game or movie without using any words related to trademarks" to refer to that game or movie is more legal than trademark infringement, is it? For instance, calling something "High Grossing Movie about a Memorable President:... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2024
When dealing with trademarks and references to existing works, it's important to tread carefully. Using "generic original names" to avoid direct mention of a trademarked game or movie can reduce the risk of infringement, but it doesn't make it entirely legal or safe. The concept... View More
As you may be aware, popular franchises can bring forth the desire to create fan games. However, there is one problem that should be brought up to attention. One of these franchises, the Pokémon franchise, is owned by a company whose policy is to decline ALL usage of their copyrights and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024
Addressing unauthorized use of copyrighted material, such as fan games based on the Pokémon franchise, is a legitimate concern for copyright holders. If you are representing the rights of the company owning the franchise, you have the legal ground to take action against copyright infringement.... View More
I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More
answered on Oct 22, 2023
The trademark application you cite is for the text FROM HER TO ETERNITY, without any graphic element or stylized font, so whatever you designed is not at issue in the trademark registration.
If the design you created is being used on merchandise or related materials such as advertising,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
Certainly, you can potentially trademark the phrase "don't panic, it's organic." However, the success of your trademark application will depend on factors such as its distinctiveness, its use in commerce, the likelihood of confusion with existing trademarks, and whether it meets... View More
I had a trademark question. With the investment company RobinHood owning the trademark name of Robinhood.
answered on Jul 6, 2023
I recommend against creating a company in the financial industry with any name that is similar looking or sounding to RobinHood. That is likely to invite a cease and desist letter, lawsuit, or other legal action against you. Even if the risk was low, do you really want your brand to have such a... View More
answered on Jun 28, 2023
It depends on the context of your proposed usage. The words "Milky Way Electric" can not be copyrighted, but they can probably be used in a trademark, that is, associate it with a good/service. You will have to seek out a trademark attorney to guide you on the specific areas of... View More
How can Dizzy Gillespie be Trademarked by Lorraine Gillespie Trust when he is Trademarked by AL Cass Inc as a graphic design of a trumpet player. Is AL Cass Inc committing Trademark Infringement on the Lorraine Gillespie Trust who has Dizzy Gillespie Trademarked. Thank you
answered on May 30, 2023
The Gillespie Trust owns six active registrations for the text mark (name) DIZZY GILLESPIE, as used on valve oil, recording, mouthpieces, songbooks, trumpet polishing kits, and entertainment services.
If there is a design mark depicting the person Dizzy Gillespie, it would not infringe the... View More
I know you should email them but how do you get their contact?
answered on Feb 24, 2023
If their trademark is registered, you can go to the USPTO’s search page here:
https://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4805:woa3i2.1.1
After you run a search for the mark, click on the trademark, then click the TSDR button on the upper left. Then scroll down... View More
The Red Sox ‘B’ Service Mark, while used almost exclusively by the Boston Red Sox, is more closely aligned with representing the city of Boston as a whole… my business name utilizes the term BOSSTOWN, and I would like to use the ‘B’ Service Mark for the B in BOSSTOWN. The two businesses... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2022
I see that you posted your question not only under Business Formation but also under Trademark. That's good because you need the advice of an intellectual property lawyer, someone who practices trademark law regularly. There are a number of factors to consider. Depending on the answers, the... View More
Another company altered the same original product the same way I did and is claiming she’s the original creator of that new design. So she and her friends have been harassing me on both personal and business social medias. A good 2-3 businesses sell the same new version of this product as well.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2022
I am not sure if this applies to your situation or not. However many products from the 80's and 90's, unless covered by trademarks (such as the product's name or logo) or copyrights (for example, graphics), are now "public domain." In such cases, anyone might be able to... View More
answered on Oct 26, 2021
May take six to eight months, cost can vary.
Consult with an attorney.
I see a bunch of M1 trademarks but cannot tell if there would be an issue on this specific case.
answered on Aug 16, 2021
Depends on whether somebody else has it registered or how it is used in your mark
I found a catalogue mailed to my dads house. No postal stamp that I see. He was an EBay guy back in 98 to 02. I never knew of Isold.com. But a catalogue was mailed to his house with that in the name line. Could he still have controll of that name? Could it be sold to pay for his long term... View More
answered on Jul 9, 2021
alot of depends here. I think more facts are going to be needed.
best course of action would be to consult with an attorney
answered on Mar 5, 2021
It's possible that you could snap up this trademark. You'll have a better chance if your description of goods or services is different from that of the previous trademark. Also check to see what similar marks are registered, such as "Wear your words," which might prevent you... 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.
