Get free answers to your Trademark legal questions from lawyers in your area.
I want to use it in a video game
answered on Aug 24, 2024
The word "adamantium" is closely associated with Marvel Comics, particularly due to its use in reference to Wolverine's indestructible claws. Marvel owns the rights to this term, and it's been trademarked for use in various products and media, including video games. This means... View More
answered on Aug 5, 2024
Selling a 6-bar grille design when FCA LLC holds a trademark for their 7-bar grille design may not automatically be considered infringement. Trademarks are meant to protect distinctive elements that identify the source of a product, so the specific number of bars and the overall design and... View More
I want to start a t-shirt brand called a first name followed by an animal species. For example Cathy Cat. There is already a t shirt brand that has my chosen first name as part of it. For example Cathy Clothing Company. In this example, Could CathyCat be accused of trademark infringment by Cathy... View More
answered on Jul 18, 2024
You could potentially face a lawsuit for trademark infringement if your t-shirt brand name is similar to an existing brand name. Trademark law protects brands from consumer confusion, so if your chosen name "Cathy Cat" is too similar to "Cathy Clothing Company," it might cause... View More
To put it on sweatshirts and tshirts and pants and hoodies and jackets
answered on Feb 21, 2024
To determine if "Make Money Not Friends" is trademarked, you would need to conduct a search in the relevant trademark databases. This includes the United States Patent and Trademark Office (USPTO) database and possibly other international trademark databases depending on your location.... View More
I found a Trademark that I'd like to start putting on apparel and clothing etc. It's current status has been abandoned by the original owner, is it possible for me to reregister the Trademark to get legal ownership?
answered on Jan 8, 2024
Trademarking a product like "Crypto Punk Vapes" involves considering both trademark law and potential copyright or intellectual property rights of others. First, to trademark a name or brand, it must be distinctive and not already in use for similar products or services.
However,... View More
Attempted to design an original t-shirt with the phrase “wine the hell not” but the listing is being taken down due to an individual claiming trademark infringement on his phrase “wine not” for various clothing items. Does this person have grounds for this or is my phrase original enough to... View More
answered on Dec 9, 2023
In assessing whether your phrase "Wine the hell not" infringes on the "Wine not" trademark, a key factor is the likelihood of confusion among consumers. Trademark infringement hinges on whether consumers might mistake your product for one associated with the trademarked phrase.... View More
Because it does not use the letter 'O', in "Protect" would that make a difference?
The shirts would be for use for games, pep rallies, etc.
I would want to sell the shirts to the staff and students that would like them.
answered on Oct 15, 2023
Using the phrase "Pr ( ) tect This House" with an Earth picture in place of the letter "O" may be perceived as a play on words or design that resembles an existing trademark or phrase. If a company has rights to a similar phrase, even minor alterations could still potentially... View More
My name is Scarlett. I was searching to possibly get "Frankly, Scarlett" as a trademark for an online business...I would be Marketing/online Marketing, possibly building Funnels for companies/people as a freelancer, and mostly for mentoring/coaching/course creation/selling digital... View More
answered on Aug 8, 2023
Since the mark was abandoned several years ago, you can register it yourself (provided there are no other registered marks that are similar enough to present a problem). However, even though the prior owner let the registration go abandoned, before you use the mark for clothing (which is the class... View More
How can M.J. claim for the product (no name provided) that is already made, provided in medical care for decades and has been used in shops for well over two decades by companies such as Tegaderm, Nexcare and many more? This is NOT a new invention in any nature. Just long winded description of what... View More
answered on Jul 28, 2023
Using a copyrighted and trademarked product's concept or design, even with a different product name, may still be considered copyright or trademark infringement if it is substantially similar to the original. If someone is claiming a product that has been in use for decades, they may need to... View More
I reached out to a 3D company for figure printing, submitted an original design, but they did not fulfill the job, and I'm requesting a refund and was told that they own the rights to the 3D render(computer draw up) and the figures printed. The brand is trademarked under my name.
answered on May 7, 2023
No, a printing company that doesn't fulfill a print job cannot own the rights to a trademarked design. The intellectual property rights belong to the creator or owner of the design, unless there is an agreement in place transferring the rights to the printing company. If you own the trademark... View More
Not the actual characters but 2 of their grandchildren would be used.
answered on May 7, 2023
No, using the name "Hardy Boys" for unrelated characters, such as the grandchildren of the original characters, could potentially infringe on the trademark owned by the publisher of the book series. It is best to come up with a unique and original name for the new characters.
Like France Belgium Switzerland Mexico, Japan etc
answered on Feb 25, 2023
Obtaining the rights to use the name Willy Wonka and the Wonka bar can be a complex process, as it involves negotiating with the owners of the intellectual property rights associated with the name and the brand. In this case, the owners would likely be the estate of Roald Dahl and the companies... View More
For instance Jeep has a GLADIATOR model and there is a movie named GLADIATOR. I make laser acrylic emblems for various vehicles. Am I not allowed to make an emblem that says GLADIATOR at all? Or just using the font/logo that they use? Other examples would be Jeeps CHEROKEE and Ford's MUSTANG.... View More
answered on Dec 12, 2022
Answer to your question depends on more variables so we can not provide comprehensive question to your pertinent question here. However, trademark is mostly only protected in a territory in which it is registered and valid, and for goods or services that it has listed in the trademark registration.... View More
I am in the process of creating a song that has lyrics including the phrase "Oh Yeah". In the song, I have a voice actor using the phrase and his vocal sound (tone) sounds very similar to Kraft's Kool-Aide Man's "Oh Yeah". The lyrics of the song does not mention or... View More
answered on Oct 14, 2022
You correctly note that common utterance "oh, yeah" is not by itself capable of being the exclusive property of Kraft. Neither is the voice characterization, especially when the usage you intend is not in connection with a competitive product.
I helped create the club back in 2003 and we have evidence and witnesses that can collaborate the time of formation. We are also an international club and have members across the globe. We do not want to have a Marijuana dispensary with the same name as us. And while our name is not trademarked it... View More
answered on Oct 4, 2022
You may be able to oppose the registration by what is called a "junior user" (you are the "senior user" based on your prior use) when its application is published for opposition, which is the last step in federal registration of trademarks and collective membership marks (a... View More
The product should be relatively easy & inexpensive to manufacture. I’ve done as much in-depth research as possible online - and nothing like this exists as far as I can tell. I’ve spoken with friends, relatives, neighbors about a need for such an item and I’ve received 100% positive... View More
answered on Jul 11, 2022
Kudos to you for doing some prep work before your first meeting with a patent attorney. I love clients like that. I teach entrepreneurs about the patent process. I think it would be worth your time to review my intro slide set just so that you have some vocabulary and basic concepts... View More
answered on May 23, 2022
A logo for a business is an issue of trademark law rather than copyright law because your logo is how a potential customer would recognize you in the marketplace and distinguish you from your competitors.
To properly answer this question, you should meet with an attorney to discuss details... View More
answered on Feb 8, 2022
It is certainly possible to register a dance group's name, or any other performance name, as a trademark. The question will be the extent to which the mark is used in interstate commerce and in relation to what service or product.
A trademark lawyer will be able to discuss these... View More
the golf ball includes a single picture of boss baby
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.