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2 Answers | Asked in Copyright, Business Formation, Business Law and Trademark for Florida on
Q: Can I create a magazine with the name Pulse
James L. Arrasmith
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answered on Sep 11, 2024

When considering creating a magazine named "Pulse," you need to be aware of potential trademark issues. The name "Pulse" could already be trademarked by another magazine or publication, especially if it covers similar content or serves a similar audience. To avoid legal trouble,... View More

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3 Answers | Asked in Trademark for North Carolina on
Q: I have found some cancelled and abandoned trademarks listed on Justia, how would I go about purchasing them?

The trademarks in question were listed as Origin Systems, 710 - Cancelled - Section 8 and Bullfrog Productions, 602 - Abandoned-Failure To Respond Or Late Response. Each trademark expired in 2003 and 2001 respectively.

Felicia Altman
Felicia Altman
answered on Sep 8, 2024

If a trademark is expired or abandoned on the USPTO then it no longer is protected under trademark rules and regulations. The next steps would be to file an application for those marks with the USPTO. It is best to work with a trademark attorney or company to assist you with procuring rights to the... View More

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1 Answer | Asked in Business Law, Copyright and Trademark for New York on
Q: I sell custom handmade tie dye for $40 and received a custom order request for a killer klown tie dye. Can I do this?

Everything is hand drawn by me, and each custom order is an original design.

The design:

I've used one of the characters as a reference, and the movie poster image.

My version of one of the clowns is on the front, the shoulders have a pink that drips down the front and... View More

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answered on Sep 7, 2024

When creating and selling custom art that incorporates recognizable characters or elements from copyrighted movies, it’s important to consider the legal implications. Even if the artwork is hand-drawn and each design is unique, using characters or distinct elements like taglines from copyrighted... View More

3 Answers | Asked in Trademark and Intellectual Property on
Q: I missed the re-registration of my trademarked logo, How do I re-register it?

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Felicia Altman
Felicia Altman
answered on Sep 6, 2024

If a renewal is missed for a trademark there is a 6 month grace period given by the USPTO that allows you to register the renewal for an additional late fee. If this period is missed you will need to re-register the application with the USPTO. It is recommend to work with a trademark attorney to... View More

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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Texas on
Q: Can my wife be sued for TikTok or Instagram content that uses edited audio book clips?

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

James L. Arrasmith
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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

1 Answer | Asked in Patents (Intellectual Property) and Trademark on
Q: Is Pretomanid like this 20240199639 still under patent? Can I still register this drug for a trademark?
James L. Arrasmith
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answered on Sep 8, 2024

To determine whether Pretomanid, as mentioned in the publication 20240199639, is still under patent protection, you'll need to check the current status of the patent. Patent information, including its expiration date, can typically be found through the United States Patent and Trademark Office... View More

3 Answers | Asked in Trademark and Intellectual Property for Nevada on
Q: I own bogusjoe.com How do I get the trademark bogusjoe that has been abandend
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 3, 2024

The application in 2020 to register BOGUS JOE BIDEN, BOGUS JOE was abandoned by a failure to respond to an initial refusal from the trademark office based on its use of the name of a living individual, and there is no other application or registration for BOGUS JOE. You could apply to register the... View More

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1 Answer | Asked in Copyright and Trademark for California on
Q: Can I use "We the people" in an original design

it is going to go on a t shirt in the original font that was on the constitution. Also, the design is not trademarked or anything like it is not appearing

James L. Arrasmith
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answered on Aug 29, 2024

Yes, you can use "We the People" in your original design for a t-shirt. The phrase itself is in the public domain since it's from the U.S. Constitution, a government document that isn't subject to copyright protection. This means you can use the words freely without needing... View More

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Q: would jpwonka brand infringing any trademarks such as Wonka etc..?

I run a chocolate store and want to start a website jpwonka.com (my first name is JP)

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answered on Aug 30, 2024

When considering the use of the name "jpwonka" for your chocolate store website, you need to be mindful of potential trademark issues. "Wonka" is a well-known trademark owned by Ferrara Candy Company, which holds the rights to the "Wonka" brand associated with candy... View More

2 Answers | Asked in Intellectual Property and Trademark on
Q: Can there be any lawsuit against me if I name myself as a DJ "ACE OF BASS"? Its similar to ACE OF BASE, famous 90s band.
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 28, 2024

This is a trademark matter, not copyright. Neither ACE OF BASS nor ACE OF BASE is currently registered as a trademark for entertainment services (or anything else), and there would be no likelihood of confusion that your DJ services are the same as the band's. The essence of a trademark... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Can I sell hoodies with animated design of Donald Trump with lines like The Final Boss, The Last Emperor nd not his name

I am based in India and I wanna create and sell Trump merch to Americans as people will buy a lot of it due to upcoming elections. I am not gonna use any of his real existing images from anywhere nor am I gonna use his name anywhere on the merch and in marketing on tiktok, Instagram and Facebook. I... View More

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answered on Aug 30, 2024

Selling hoodies with animated designs of Donald Trump, even without using his name or real images, involves potential legal risks. The design you described might still be seen as a likeness or caricature of Trump. In the United States, individuals have the "right of publicity," which... View More

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Is there is a patent for Icee/Slurpee drain/drip pans. My grandfather created a plastic one to replace metal ones.

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

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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

1 Answer | Asked in Trademark for Michigan on
Q: is adamantium trademarked

I want to use it in a video game

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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

1 Answer | Asked in Business Law, Gov & Administrative Law, Intellectual Property and Trademark for New York on
Q: Legality of Naming a Fragrance After a Biological Compound

Hello,

I am seeking guidance on the legality of naming a fragrance after a biological compound. Specifically, whether it is permissible to name a fragrance something like "Androstenol," which is a human sex pheromone, assuming the name isn't registered by another beauty and... View More

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answered on Aug 21, 2024

Naming a fragrance after a biological compound like "Androstenol" could potentially raise legal concerns, especially if the name suggests a specific biological effect or health benefit. Regulatory bodies, such as the FDA in the United States, may scrutinize such a name to ensure it... View More

1 Answer | Asked in Trademark for Pennsylvania on
Q: What Rights can I exclude over trademark name WeatherShield Inc?

My Uncle and his associates started a Company in PA Called "WeatherShield, Inc" in 1976 w/ a soon registered DBA of AllWeatherShield for phone book listings. The business was Selling and Installing Siding, windows, Doors, and Insulation Services. What Rights can I push to capture too... View More

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answered on Aug 21, 2024

To protect the "WeatherShield, Inc." brand, you should first confirm that the trademark is registered with the United States Patent and Trademark Office (USPTO). If it is not already registered, you should file an application to secure federal trademark rights, which will give you broader... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Trademark on
Q: I found a phrase I'd like to use on my merch as a registered trademark. Would using it be an issue?

I would like to use the phrase "I podcast where you vacation" on merchandise, like clothing and stickers. I found that phrase registered as a trademark name. It seems to be the name of some podcast on youtube, which has been inactive for 9 months. Would using that phrase on merch along... View More

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answered on Aug 20, 2024

Using the phrase "I podcast where you vacation" on your merchandise could potentially lead to legal issues. Even though the podcast that registered this phrase as a trademark has been inactive for nine months, the trademark registration could still be valid. The trademark owner may have... View More

1 Answer | Asked in Intellectual Property and Trademark on
Q: Can a company register RGBIC as a trademark while this word RGBIC stands for "Red, Green, Blue Independent Control" ?

RGBIC is a technology primarily used in LED lighting systems, but there isn't a single inventor associated with it.

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answered on Aug 19, 2024

Yes, a company can attempt to register "RGBIC" as a trademark, but there are important factors to consider. Trademarks protect brand names or logos used in commerce, but they must be distinctive and not merely descriptive of the product or service. If "RGBIC" is deemed too... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Indiana on
Q: Can I use my movie title that has the same name as a short film that was made on YouTube 2 years ago from the UK?

I am an independent filmmaker in Indiana and later found out late in my production there exists a short with the same title, a little video that has almost no recognition. My story is different, the only similarity is it involves a pizza delivery. I just want to make sure it's legal without... View More

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answered on Aug 17, 2024

You're allowed to use the same title as the short film on YouTube, especially since the content, story, and production are different. Titles generally aren't protected by copyright law, which means multiple works can share the same name without infringing on each other's rights.... View More

1 Answer | Asked in Trademark for Massachusetts on
Q: If I purchase a tumbler with a Disney character on it then rhinestone over it and sell it is that legal
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answered on Aug 17, 2024

When you purchase a tumbler with a Disney character on it, even if you add rhinestones or other customizations, selling it could lead to legal issues. Disney's characters are protected by copyright and trademark laws, meaning they control how their intellectual property is used. Modifying and... View More

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