Get free answers to your Trademark legal questions from lawyers in your area.
I own a paint party business and love beetlejuice and Halloween. I would love to offer a paint party to teach a cartoon character of beetlejuice in honor of Halloween and the upcoming movie. Is this possible to do without getting in trouble for copyright/trademarks issues?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2024
You can hold a paint party focused on general Halloween themes, but using the specific likeness of a character like Beetlejuice can lead to copyright and trademark issues. Beetlejuice is a protected character owned by a company, and using it in a way that could be seen as commercial—like a paint... View More 
Party A applied for Fed TM in January. Current processing time is 14-16 months. Party B applies and receives a State TM in January bc a State TM is much easier to obtain. Party A & B both jointly were in the business, however Party A came up with business name, created all artwork, acted as... View More
answered on Feb 18, 2023
The assessment of trademarks rights is primarily (but not solely) governed by actual commercial use. The answer to a question like yours is highly fact-specific, and there is not enough detail provided in your description. You should really discuss the specifics of your case with a trademark... View More
Is it available to trademark or is it already taken?
answered on Feb 3, 2023
This application and another to register OKLAHOMIE (with map) were opposed by The Board of Regents of the University of Oklahoma twice (in 2019 and 2020) which owns several registration for OKLAHOMA.
A new application to register OKLAHOMIE would most certainly be similarly opposed.
I buy the product from a source that is allowed to make the sticker or decal and I put it on a product to sell. Do I still have to get a Craftman license to be able to sell that with that sticker on it?
answered on Mar 22, 2021
There isn't enough information here to fully answer your question.
It does, however, sound like (depending on a lot more information) you could get in trouble for copyright and/or trademark infringement, fraudulent misrepresentation, or something else.
There is a business opening in my town that is using the trademarked name of another business. They do not have the rights to use the name under trademark. Who would I get in touch with about that
answered on Mar 22, 2021
You should contact a "trademark infringement" or "intellectual property" attorney to discuss possible options here. This will be very fact specific and you will need to give them more information for them to advise you about options moving forward.
Also, it is unclear... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2020
Your ability to use the word "gunmetal" depends on its use within your mark and the other mark. Examining attorneys look at the mark itself as well as the class of goods or services in which the mark is being (or will be) used. I would suggest enlisting the services of a trademark... View More
They mostly do chemical processes and do NOT own the trademark in household goods, but I'm assuming perhaps they make corks for wine bottles.
I thought I'd be safe trademarking in a class they don't have a trademark in, but since their product is literally cork and I'm... View More
answered on Feb 8, 2018
There is really not a clear answer here. It is possible the other trademark owner may oppose your trademark registration or sue you for trademark infringement. The fact that the two marks are in different classes does not necessarily mean consumers are unlikely to be confused by the two marks.... View More
Is that okay?
answered on Aug 10, 2017
It is not legally permissible to have someone recreate an image exactly or copy an image directly to use for your logo. Contact the artist who created the image that you want to use and see if you can purchase the rights to use that image for your logo.
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.
