Get free answers to your Trademark legal questions from lawyers in your area.
My small 3 year old online retail business’s name isn’t trademarked due to the cost, but I did register the name as a DBA through the county in Texas. I also operate the website for my business using the same domain name and have a business presence under the same name on all major social media... View More 
answered on Oct 30, 2024
Based on your prior use of the mark, even if not registered, you should prevail over a later user of the mark in any litigation or administrative proceeding such as the US Patent & Trademark Office. If the later user has applied for federal registration, and that application advances to the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2024
Choosing the name "River Oaks" for your clothing line is a thoughtful decision. It's important to first check if the name is already in use within the fashion industry or if it's trademarked. Conducting a thorough search through trademark databases and business registries can... View More
I want to make and sell digital travel guides that center around filming locations for specific movies and tv shows. My goal is to educate travelers on where the film locations were, how to get there, and general facts about the place (weather, time zone, etc.). Would using the title of the... View More
answered on Oct 15, 2024
Although the content of television programs and movies are the subjects of copyright, their titles are not. To use the titles in the way you propose, merely to name them for reference, is legally permissible as "nominative fair use".
I'm an aspiring writer and I do not want to overlook any details, so in the book I am writing I intend to use the 'Disneyland' name solely to express that the characters within the book visited the location at one point in the past. No rides or anything else related to the park is... View More
answered on Oct 4, 2024
When mentioning "Disneyland" in your book, you are likely within your rights under U.S. trademark law, particularly under nominative fair use. Trademarks like "Disneyland" protect brand identity, but your use of the name to describe a factual event—such as characters visiting... View More
My wife cosplays a book character on TikTok and Instagram. In many of her videos she uses audio that another creator has edited together from the Graphic Audio Book. All less than a minute long. On TikTok the sound links automatically to the other creator, but on Instagram she tags the creator of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024
If your wife received a direct request from Graphic Audio Book to remove videos containing their audio, she should take it seriously. The company may have the legal right to protect its copyrighted material, even if it is edited or used in short clips. Ignoring the request could lead to potential... View More
7-11 or Southland Corp in the 80's had Icee machines with a metal drip/drain pan. This needed replaced often due to carbonation causing erosion. My grandfather designed a plastic one which 7-11 stores began using. He never patented this. I believe I still have the design blueprint. How can I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2024
You mentioned that your grandfather created a plastic drip pan for Icee/Slurpee machines that 7-11 stores used, but he never patented it. To explore whether a patent already exists for this type of invention, you can start by conducting a patent search through databases like the USPTO’s Patent... View More
Wanting to trademark this brand name for use
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2024
To determine if "Motorious" is available for use as a brand name, you'll need to check if it's already trademarked. Start by searching the official trademark databases, like the U.S. Patent and Trademark Office (USPTO) or your country’s equivalent. This will show if someone... View More
answered on Jul 18, 2024
The concept of "personal use" in copyright law is complex and varies by jurisdiction. In some countries, there's a distinction between making a single copy for personal use and creating multiple items, even if they're not for sale.
In the U.S., the "Fair Use... View More
answered on Jul 11, 2024
Given that it has been more than three years since the mark has been abandoned, it is likely you are in the clear to pursue registration. Yet, the owner of the "dead" trademark may still be using the mark in commerce. If so, they would still have common law trademark rights to the mark in... View More
Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.
Thanks.
answered on Jul 9, 2024
Normally, online marketplaces like Amazon and Etsy require merchants selling items on their platforms to prove they own or have a license to use IP when a complaint is made. People and companies legitimately selling products in online marketplaces can usually provide proof of ownership or... View More
This phrase would be on my website, purely for fun and signifying a linked button that would advance them to another page. I am wondering if this would be considered copyrighting or trademark against LucasFilms?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2024
Using the phrase "This Is The Way" on your website to signify going to the next page could potentially raise concerns with Lucasfilm, as the phrase is strongly associated with their "The Mandalorian" series. While it might seem like a fun and harmless addition, it is important... View More
My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.
answered on Apr 30, 2024
Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More
Would this be an issue or would this be considered a different enough business to be allowed.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2024
The issue of whether your baseball facility can use the name "X" when there is already a softball facility named "X Softball" depends on several factors. Here are a few considerations:
1. Trademark: If "X Softball" has a registered trademark for their name,... View More
About a month ago I paid $5,000 total to Trademark Fortress to register my business name and logo in 4 USPTO classes. They told me I was all set, but now they are telling me that someone is contesting my filing, and that I need to pay thousands more to file attestations in all 50 states to protect... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024
I understand your concern and frustration with this situation. Here are a few important points to consider:
1. Transparency: A reputable trademark attorney or company should be transparent about any opposition or contestation to your trademark application. They should provide you with... View More
Would I need to pay a trademark licensing fee?
answered on Apr 5, 2024
I recommend seeking advice from a trademark lawyer as the answer depends upon the specific name and use of your own name and the TV show name. Depending on the name, the TV show may come after you for trademark infringement. To give some background, trademark infringement for puns hinges on whether... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024
To trademark your motorcycle club logo, start by ensuring the logo is unique and not already in use by another entity. A thorough search through the official trademarks database of your country, such as the United States Patent and Trademark Office (USPTO) in the U.S., will help you confirm this.... View More
Hi! my name is Katerina,
I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm
Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More
answered on Feb 26, 2024
The USPTO only allows applicants and registrants to delete, restrict, or limit the goods and services included in the original application. You may not add goods or services or expand the breadth of the existing goods and services. For additional goods or services using the registered mark, a new... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024
Understanding the scope of a trademark is key to ensuring you're not infringing on someone else's intellectual property rights. Trademarks can cover a range of elements, including words, phrases, logos, and designs. If a trademark is registered for the specific design that includes both... View More
I am starting an affiliate marketing website to write product review, comparison, advice-type articles but creating a character which I want to credit the articles to instead of using my own name and likeness. I am trying to find out how to do this without misleading my readers but I don’t want... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024
When creating content under a fictional persona for your affiliate marketing website, it's important to maintain transparency without overwhelming your readers with disclaimers. This balance is key to establishing trust while respecting your creative approach.
A subtle yet clear way to... View More
answered on Dec 2, 2023
You can look up any trademark by searching for the mark by application number, owner or actual mark on the USPTO website. The owner of the mark or the person of record will receive an email when a mark has been registered with the USPTO or if an office action is received. To know the status of a... 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.
