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Trademark Questions & Answers
1 Answer | Asked in Copyright and Trademark for California on
Q: Can I take a picture of a wrestling belt & use it as a template to create my own picture & use it on a shirt to sell?

I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 9, 2022

It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.

It is best to consult with an intellectual property attorney to...
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0 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can you use river rat poker with out trademark infringement?

Can I sell poker apparel with the name river rat or river rats?

0 Answers | Asked in Copyright, Business Formation, Business Law and Trademark for Oklahoma on
Q: If the name Charlie's angels is trademarked can I use it for a logo based design? My business is Charlie Horse Garage

And I'd like to do a logo line for women called Charlie's angels

1 Answer | Asked in Trademark on
Q: A minecraft server is providing a game mode named 'doodle jump', which is trademarked. Can i sue them?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 7, 2022

From a USPTO search, I see that DOODLE JUMP is registered for computer game programs (and related goods).

Its owner could have a claim for infringement if (1) the use in MINECRAFT as a game mode "functions as a mark"; (2) there is likelihood of confusion as a result of that use;...
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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Georgia on
Q: If a word or phrase is trademarked, is each portion/tense also trademarked?

As a very rough example, if the phrase "Tigers" is trademarked by/for Auburn University, I would assume one could not produce apparel in school colors with the phrase "Tigers". However, is the word "Tiger" used in that same way also covered? Or is the first case... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 6, 2022

Trademarks are words, phrases and/or designs that are used to indicate the source of specific goods or services. The objective of trademark registration is to avoid the likelihood of confusion by purchasers as to the source. If a trademark is used and registered in the singular form, the plural is... Read more »

0 Answers | Asked in Copyright, Libel & Slander and Trademark for New York on
Q: If I wanted to self-publish a book for babies of iconic baseball players, can I feature the famous baseball players?

If I wanted to self-publish a book for babies of iconic baseball players, can I feature the famous baseball players? Am I allowed to use their names and photo? Considering the photo used will be my own digital illustration of the player, not an actual photograph. Thank you.

1 Answer | Asked in Trademark on
Q: Would KaNoot count as trademark infrigment on Kahoot!

Me and my friends decided that we would make a open source version of Kahoot! that also revolves heavily arround data privacy and ease of use. We dont store any data for an extended ammount of time and all accounts are generated with a key pair thats discarded after use. The quiz creation is never... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 5, 2022

My advice is to adopt a completely different and distinctive mark. KAHOOT! is a distinctive and arbitrary word mark, registered for a similar service and software as what you propose. As you admit, KAHOOT! has a strong association with the word quiz genre, so there is a substantial likelihood of... Read more »

0 Answers | Asked in Internet Law and Trademark for Pennsylvania on
Q: Sue CYBERSQUATTER under Anticybersquatting Consumer Protection Act (ACPA) for squatting my business name web domain

Less than a week after filing my business trademark application to uspto.gov, a cybersquatter registered my very unique business name .com web domain and now the page clearly shows that it has been registered with the sole purpose of selling it back to me for a ridiculous amount of money. Can... Read more »

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.

1 Answer | Asked in Libel & Slander, Copyright, Intellectual Property and Trademark on
Q: I want to write a medical drama. How do I know whether it plagiarizes/infringes on another or is illegal?

Any particular details I musn’t have in common - character relationship dynamics, certain specialties that make a show distinct (as far as I know, psychiatry makes Chicago Med somewhat distinct), following a seasonly promotion, etc?

Also, are there any other things to worry about legally... Read more »

Dane E. Johnson
Dane E. Johnson answered on Jan 6, 2022

You’ll probably want to make the medical scenes in your drama accurate but not so much because of a legal reason. Professional screenwriters often use medical consultants to provide realistic context to their stories for film and television.

Scripts also go through extensive clearance for...
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2 Answers | Asked in Business Law and Trademark for New York on
Q: I registered trademark but someone who used to use the mark years ago without registration is trying to use it now.

I have a band name I have used since 2016. I registered for trademark with USPTO in 2020 and it was officially registered in 2021. I have now learned there was a band which used the name briefly in a different market a few years before my first use and every once in a while after that time.... Read more »

David H. Relkin
David H. Relkin answered on Jan 3, 2022

There is no requirement to file and obtain a Trademark right with the US PTO. A trademark can be acquired by use. This is called a "common law" trademark and is generally protected only by State Courts.

The term "common law" indicates that the trademark rights that are...
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1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark on
Q: What are guide questions to see whether a fictional character is too similar to another real or fictional character

I have characters with varying levels of similarity to other people. I’d like a rule/s to go by in case I make more, as well. I believe Tradmark and Copyright come into play, but there may be more.

Robert Kost
Robert Kost answered on Dec 31, 2021

It will be impossible to answer your question without specifics. In copyright, there would be two issues: 1) whether the character(s) you are copying are copyrightable (this will depend on how well delineated the character is and how central to the story they are) and 2) whether your characters... Read more »

3 Answers | Asked in Trademark on
Q: dear Sir/madam We are a new business and are looking to apply for a trademark

We require a trademark. and want to know we will not be breaking any laws before we start manufacturing. We are at the very early stages of our business. We want some advice on what we can do and not do if our product is very similar to others.

what are the procedures and what will it... Read more »

Evelyn Suero
Evelyn Suero answered on Dec 30, 2021

When considering a trademark for a business, you should ensure that the trademark is not confusingly similar to another mark being used for the same class of goods/services. You should also register the trademark with the USPTO if you will use it in commerce. It is recommended that you consult... Read more »

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1 Answer | Asked in Trademark for Oregon on
Q: The legality of using a companies logos on a startup's website for the user's information

Hello, I have a question about the legality of using a companies logos on a startup's website for the user's information on a topic of which companies developments we use in our product. For example: "We are working with --> then goes the logos (Google, OpenAI, Epic Games) -->... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2021

Depends on the use. Most of the time they would have a program to allow people to show their logos.

Consult with an attorney.

1 Answer | Asked in Gaming, Intellectual Property, Patents (Intellectual Property) and Trademark on
Q: Hello! Thank you that you have this option. I used the inscription "PUBG MOBILE" on the photo. And my account was ban!

I don't know can they delete my account only because I use these 2 words

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 29, 2021

You can contest the ban, ask for explanation.

I am not familiar with the meaning, but if it is related to a registered brand you may have infringed on somebody's rights.

Consult with an attorney.

2 Answers | Asked in Trademark on
Q: I need help registering my trademark. How do I get legal assistance ?
John Martin Hilla
John Martin Hilla answered on Dec 28, 2021

There are many attorneys across the US who would be happy to assist you. I am one of them.

Trademark law is a Federal practice, and, therefore, you do not need to necessarily work with a lawyer geographically nearby.

I represent clients across the US for trademark registration....
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1 Answer | Asked in Trademark for Utah on
Q: I have some questions that I have about an LLC that I started that might already be trademarked in a different state

If the LLC is already trademarked does that mean I cant start my LLC? The company that has that name looks like they've been inactive for sometime, or could I patent the name? Or does it not matter since its in a different state?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2021

You need to consult with an attorney.

The use of a name in a company name may or may not be indicative of a brand use.

And you would need to do a trademark search and analysis to find out your options.

1 Answer | Asked in Trademark for California on
Q: can you trademark a smile ( two dots for eyes over a U) with the word revel
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2021

Maybe

It depends on the use and differentiation to other marks.

Consult with an attorney.

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