I created a logo for a small business and we did not sign any documents stating that he could use that logo anywhere or to create products. It was agreed that if he needed any products like cards or advertising materials or uniforms that he would order them through me. We did do that on a couple... View More 
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answered on Aug 29, 2023
Under California law, the absence of a written agreement typically means that the creator of the logo retains the copyright, notwithstanding its use by the company for specific, agreed-upon purposes. Since there was an oral agreement that the company would order products like business cards and... View More
My logo and my services are nothing as the above company. I don’t want to fight I’m willing add a y and be salty
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answered on Aug 15, 2023
As you point out, with different logos and markets, there is no likelihood of confusion. If the notice includes a demand that you cease using the name, you should challenge that. There is no basis for complaint without evidence of confusion or economic damage.
answered on Aug 2, 2023
Though you technically don't have to, you really should consult a qualified trademark attorney with the requisite expertise about your case. You will generally want to do this quickly, because if the Plaintiff has already filed a complaint in court, you will have a limited amount of time to... View More
To my understanding a ruling was made in my favor based on the fact that these patents were registered to my email address
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answered on Jul 28, 2023
If you have been informed that you are the owner of several proprietary software patents, it is crucial to gather all relevant documentation and information related to these patents. This includes any registration certificates, correspondence, and any official communication regarding the patents.... View More
answered on Aug 9, 2023
An intellectual property attorney could advise best, but your question remains open for three weeks. Some questions here go unanswered, but you could try reposting and adding the headings - Trademarks, Intellectual Property. You'd have better chances of a response. Good luck
I have an Etsy shop called Jean Genie vintage Co. There are others using a name similar in other states: Jean Genim Denim, the Jean Genie, and then another Jean Genie Classics (on Etsy and actually from my same town).
I’m wanting to get an LLC to protect my business. But I don’t want... View More
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answered on Jul 11, 2023
The name "Jean Genie Vintage" may be trademarked by David Bowie's estate, so you will need to determine whether the name is trademarked and contact the trademark holder to see if they would be willing to allow you to use the name. You will also need to consider whether the name is... View More
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answered on Jul 10, 2023
Having your name on a patent does not automatically guarantee you royalty payments. The rights and compensation associated with a patent are typically determined by agreements made between the inventors and relevant parties. To assess your potential for royalty claims, it's important to review... View More
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answered on May 22, 2023
Using the term "Aetheria" for your NFT may potentially raise trademark concerns if the word is already trademarked by another entity. Trademark protection extends to various industries and categories, so it is important to conduct a comprehensive search to ensure there are no conflicting... View More
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answered on Mar 29, 2023
If a book is in the public domain, it means that its copyright has expired, and it can be freely used, copied, and distributed by anyone. However, if another publisher has republished the book, they may have added their own copyright or trademark to the work, such as an introduction or notes. In... View More
The parents are not speaking to me now, years later, and are complaining about the photos on my business page
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answered on Mar 29, 2023
If you had permission from the parents to take and use the photos, and there was no written agreement specifying the terms of use or limitations, you likely have the right to use the photos on your business page. However, if the parents are now objecting to the use of the photos, it may be best to... View More
answered on Jan 28, 2023
I infer from your question that you want to sue manufacturers of tubeless tires claiming that you rightfully inherited your grandfather’s patent.
If so, you should consult a patent litigation attorney regarding your rights in this regard. Such an attorney may also go by the rubric... View More
My company prints clothing & we want to print shirts with a certain word on it. This word is a verb & describes the action of the specific activity, a pretty common one.
We discovered a company owns the trademark for the word. Its not their primary brand but they have a product with... View More
answered on Dec 29, 2020
It is possible, but not likely. Shoes could be viewed as being too similar to shirts and hoodies because they are all apparel.
That said, trademark confusion analysis is highly fact-intensive and depends on a number of factors. You should consult a trademark attorney before you take any... View More
She lives in Florida and I have been trying for two years to get my stuff back. I asked her for the property back or the money to replace it and she told me that I was getting nothing back and that she didn’t owe me anything. I never abandoned my property, I had been kicked out by them and... View More
answered on Oct 20, 2020
This question has been posted to the attorneys that handle patents (a way of protecting an invention) and to intellectual property (patents, copyrights, trademarks, trade secrets).
The problem described does not belong in these categories. You may want to talk to someone with experience... View More
answered on Aug 11, 2020
This is not legal advice, but an informal glance at U.S. Trademark Office records suggests that there are over 100 pending applications or active registrations using the phrase "BE KIND" as a mark or as part of a mark.
Numerous factors are considered in determining whether a mark... View More
That were formerly owner by Piggly Wiggly Carolina co./GreenBax enterprises?
answered on Sep 9, 2019
You would be having a purchase contract. In this case the assets are the IP rights. You also may want to do a transfer or assignment of ownership. Best luck.
We are now having to tow the jeep. It has many issues that we were not informed about before the trade. We have messages where the owner told us the jeep had no issues. The car clearly had issues as they started a mile from their house, where we signed titles over. Is their anything we can do?
answered on May 28, 2019
Probably not, because neither the Jeep nor the motorcycle are worth enough money to make it worthwhile for you to hire a litigation lawyer and fight the seller. Unless you want to try in a small claims court.
Wellco Corp issued me a cease and desist letter for my WellCoSeniorbenefit.com website. Can they do that?
answered on May 28, 2018
Yes, they can. You need to hire an attorney with experience in trademark defense to advise you on how to best proceed.
Perhaps I could preface each (of 1000's of generic jokes) with "Dave said ..."
What if I incorporated? Could insurance help? Any other loopholes?
answered on May 27, 2018
What you are talking about is creating a derivative work that you can then copyright. You can only do that if it is not substantially similar to the existing work. What you propose here is not enough to pass that test. Here is a helpful resource from the copyright office so you can see what I mean:... View More
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