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New York Trademark Questions & Answers
0 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: What if Plaintiff's Lawyer firm is demanding more than the amount demanded under default judgement passed by the Court ?

This was against 200 sellers for a patent copywrite, they demanded 2500$ for voluntarily dismissal settlement. I signed an agreement stating the payment should have been made within 7 days. I was facing technical issues with wire transfer as this was an overseas transfer from India. I asked about... Read more »

0 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: What if Plaintiff's Lawyer firm is demanding more than the amount demanded under default judgement passed by the Court ?

This was against 200 sellers for a patent copywrite, they demanded 2500$ for voluntarily dismissal settlement. I signed an agreement stating the payment should have been made within 7 days. I was facing technical issues with wire transfer as this was an overseas transfer from India. I asked about... Read more »

0 Answers | Asked in Trademark for New York on
Q: If a trademark application is filed but has not yet been assigned to an examiner, is that phrase protected by TM laws?

A trademark application is filed (not by me) for the phrase "dot markers" (Class 016) on March 24, 2022. It has been accepted by the Office but has not yet been assigned to an examiner. A new application will be assigned to an examining attorney approximately 6 months after the filing... Read more »

0 Answers | Asked in Trademark for New York on
Q: If a trademark application is filed but has not yet been assigned to an examiner, is that phrase protected by TM laws?

A trademark application is filed (not by me) for the phrase "dot markers" (Class 016) on March 24, 2022. It has been accepted by the Office but has not yet been assigned to an examiner. A new application will be assigned to an examining attorney approximately 6 months after the filing... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Both Netflix and Google have violated my USPTO registered TM. Are you able and willing to fight these behemoths?

I have a good case against both Google and Netflix with much documentation and screenshot images. Netflix uses my name on their cartoon, Bojack Horseman, where they've placed it on the marquee of an abortion clinic slurring my registered USPTO TM. They call it "freedom of expression"... Read more »

Sergiy M Sivochek
Sergiy M Sivochek
answered on Sep 19, 2022

These types of questions are always very complex and fact-specific. And there are always many gray areas. Before any reasonable attorney can tell you whether they are willing to fight Google and Netflix on your behalf, there are MANY additional questions that will need to be asked and answered, and... Read more »

1 Answer | Asked in Copyright and Trademark for New York on
Q: I’m an artist and custom paint on designer goods and resell them with my art work, is that trademark infringement?

Hello, I’m an independent artist and recently had my business page on Facebook shut down by Cartier for trademark infringement. I purchased a leather card holder from them, painted a design on it and sold it with my artwork. My sales post stated it was custom painted as well as on my website. My... Read more »

Erik Špila
Erik Špila
answered on Sep 8, 2022

Dear Mrs or Mr,

in my opinion you have assessed your case good and from information you have provided it seems like the exhaustion of trademark rights should apply in this case and therefore no trademark infringement shall be involved. However to answer you with more certainty, I would need...
Read more »

1 Answer | Asked in Trademark for New York on
Q: I have a startup and let the trademark name lapse and expire.

A big company is using a similar name recently that sounds the same but a different spelling. They’re in a different industry and I’m launching an app with the name. Is that going to be a problem?

Erik Špila
Erik Špila
answered on Sep 2, 2022

Dear Mr or Mrs,

this situation can be approached in several different ways, however I would need to know the differences between marks/names/segments first, to answer you. Sometimes you may think there is a difference in an indrustries of trademark owner and the other party but the reality...
Read more »

2 Answers | Asked in Business Formation, Business Law, Internet Law, Copyright and Trademark for New York on
Q: I have a DBA in NYC (advertising, marketing agency), and want to sell one of our services from a website for just that

Am I protected from having my new site's logo/idea/branding infringed upon?

The new name will be listed as a project of mine/my DBA on both websites.

Samuil Buschkin
Samuil Buschkin
answered on Aug 1, 2022

A d/b/a (doing business as) is simply an alternative trade name for a business. Different states have registration requirements for DBA's. A trademark protection or copyright protection are an entirely different issue. There is a process underlying the registration of a trademark or a... Read more »

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2 Answers | Asked in Trademark for New York on
Q: I need to correct information regarding my trademark on Justia. How do I do it?

My entity's name has been changed, as well as original owners address. Also this trademark has been fully reinstated after appeal. I am referring ONLY to JUSTIA site. On USPTO it is already correct.

https://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=90071896

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jul 29, 2022

If you are referring to an active federal trademark registration, these changes can be made by updating the registration at the USPTO. Consult a qualified trademark attorney to assist you with this simple task.

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Hello,What are all the legal Intellectual property suggestions to take so I can protect the name, logo, brand, etc.?

How do I create a lawsuit in the event of an infringement?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 21, 2022

I do not see a patent issue here. Your list of legal topics did not include trademarks which is most likely the form of intellectual property that you should consider. For purposes of providing an introduction to vocabulary and not as a source of legal advice -- you could start with... Read more »

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1 Answer | Asked in Copyright and Trademark for New York on
Q: Hello Lawyers. I have a question. Can someone copyright something if it looks like it a little?

Hello. I had some custom skins for planes made for my flight simulator. Half of the plane is black with a red outline at the end. Turns out a "company" that runs a virtual airline that has a copyright on their paint design in the flight simulator has kind of the same design, half of the... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jun 18, 2022

The takedown was probably an assertion of trademark infringement, not copyright. (A tutorial on the difference is something you could get in a free consultation with an IP lawyer.)

If a prior user (owner) of a trademark (which could be a design of/on the goods) finds a confusingly similar...
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2 Answers | Asked in Trademark for New York on
Q: Trademark??

Let's say time and money is of the essence.Would it make sense to start the trademark proceeding by going to a 50 dollar online company just to secure the name on the tess uspto site first before the other party does and then get a proper attorney when I am better prepared to afford one?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Jun 17, 2022

It is MUCH better and usually a lot less expensive in the long run to do everything correctly from the beginning rather than trying to fix problems afterwards. Certain mistakes in trademark applications can never be fixed and some errors can be used by unscrupulous competitors to try to challenge... Read more »

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1 Answer | Asked in Trademark for New York on
Q: Trademark attorney or online?

What are the advantages and disadvantages of acquiring a trademark name going through an attorney versus going to one of those 50 dollar online companies?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Jun 15, 2022

About the same as hiring an experienced doctor vs paying $50 to a random quack. You may want to read this article about the potential negative consequences of trying to register a trademark on the cheap:... Read more »

1 Answer | Asked in Trademark for New York on
Q: I have a abandoned trademark because of a action notice. Can ya help me ? Also is it possible to update a trademark ?

When I say update trademark. like with a logo or design. No I never had a lawyer. I did the trademark on my own n I didn’t know what I was doing.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Apr 29, 2022

Most likely the application was deemed abandoned for failure to respond to an Office Action within the required six months, and the Office Action was probably an initial refusal that could have been cured by an amendment to the application. The abandoned application cannot be revived, so you... Read more »

1 Answer | Asked in Trademark for New York on
Q: Are camera gear brands and clothing brands considered distinct enough industries in copyright law?

I am hoping to start a new clothing brand and would like to use the name "The Long Weekend" but in my research I came across a brand that sells camera bags and gear called "Long Weekend" who's logo has a registered trademark symbol. I have been trying to find a record of... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Apr 21, 2022

A trademark registration for camera bags or equipment would be in Class 009, and apparel is in Class 025, so that is not a problem for you.

There are, however, two existing registrations for LIFE IS ONE LONG WEEKEND in Class 025, which may be considered as likely to be confused with THE...
Read more »

1 Answer | Asked in Copyright and Trademark for New York on
Q: Can I use the name if I have something I would like to sell on ebay that resembles the symbol?
Brandon M. Selinsky
Brandon M. Selinsky
answered on Apr 4, 2022

I could give you a better answer if I had some additional information. For now, I will assume that the thing you are selling on eBay is the product of another company. For the sake of discussion, I will assume that company is Nike. If you are selling something with the Nike Swoosh on it, you cannot... Read more »

1 Answer | Asked in Trademark for New York on
Q: Is the word “wifey” trademarked?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Mar 25, 2022

Yes, there are several federal trademark registrations for the single word WIFEY (including one for wine), and some more with the word included (such as THE WIFEY REHAB).

If you are considering using the word as a trademark for goods or services, you should consult a qualified trademark...
Read more »

2 Answers | Asked in Trademark for New York on
Q: What do I need to do to buy this trademark?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 27, 2022

You need to contract an attorney.

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1 Answer | Asked in Trademark for New York on
Q: A bakery in Canada is bringing pita bread to the US market using my trademark name and logo how can we prevent them

How can we prevent them from copying my trademark brand name and logo

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 27, 2022

It will depend on what rights you have developed on the mark.

Consult with an attorney.

1 Answer | Asked in Trademark for New York on
Q: trademark question, someone else is using it as their domain name
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 3, 2022

You need to consult with an attorney.

If you have registration of your brand or have developed rights, you could spend in a proceeding to get the domain back.

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