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I produce a product which features Alice in Wonderland ( public domain images and my own creative). Another company has trademarked this character. I dont use any of their assets but can they stop me from describing my product as Alice in Wonderland ? I sell online and the listing title cleary... View More 
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answered on Oct 18, 2024
You can generally use public domain characters like Alice in Wonderland without infringing on trademarks, especially if you’re using public domain images and your own creative elements. Trademarks usually protect specific branding elements, such as logos or particular stylizations, rather than... 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".
My family started a public event more than 40 years ago and I took over more than 10 years ago holding this event. I just started the process to trademark the event name. An ex-board member is using the event name and trying to hold the same event without my permission. Do I have standing to send a... View More
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answered on Oct 14, 2024
If the ex-board member learned of the trademark while being a board member, (and the source of the trademark is the family board) and then the ex-board member started to use the mark unilaterally after leaving the board, then you may have grounds to issue a Cease-and-Desist letter. This may be due... View More
I do not have a physical location for my business, so I used a personal address. I am a bit controversial online, and this information being public could be risky for me. Thank you for answering.
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answered on Oct 18, 2024
Using a registered agent service can help keep your personal address private in public records. These services provide a business address that can be listed instead of your home address, ensuring your personal information remains confidential.
You might also consider updating your trademark... View More
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answered on Oct 18, 2024
Using brand names like Cadillac, Chevy, and GMC to describe the compatibility of your automotive accessory is generally permissible under nominative fair use. This allows you to reference trademarks to identify the products your accessory fits without implying any official endorsement or... View More
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answered on Oct 11, 2024
Using "MARVEL" as part of your acrylic frame could potentially infringe on trademark rights. MARVEL is a well-known brand, and its name is legally protected to prevent unauthorized use that might cause confusion or imply endorsement.
If the frame is sold or distributed,... View More
I just want to know if I can use the phrase, "Basketball Mom" without the period on the end?
answered on Oct 11, 2024
There is a pending application to register the mark BASKETBALL MOM ending with a period, used as a brand for t-shirts. The punctuation is not significant, that is, the mark would be infringed by usage as a source identifier for t-shirts whether or not the period followed the words. There is no... View More
I want to make a Kool-Aid cake stand selling Kool-Aid and Kool-Aid cake variety of cake flavors made with Kool-Aid
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answered on Oct 11, 2024
Using the name "Kool-Aid" for your cake stand can be challenging because it's a registered trademark. Altering the spelling to "C O O L A I D" might not be enough to avoid potential legal issues. Trademark laws are designed to protect brand names and prevent confusion among... View More
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answered on Oct 8, 2024
Copyright protects the specific expression of ideas, not the ideas themselves. This means you cannot copyright the concept of a QR code. QR codes are a standardized technology used for encoding information, and their fundamental design is not something that can be owned through copyright.... View More
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
Subject: Request to Cease Use of Trademarked Phrase
Dear Michelle,
We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More
answered on Oct 1, 2024
"BREW GOOD. DO GOOD." is a registered mark for coffee cups, mugs, pots, makers, and other coffee making accessories; and for beverages made of coffee. The registration is owned by Tampa's Team LLC dba Buddy Brew Coffee. Your use for a coffee blend, or anything related to coffee, is... View More
I want to make sure a phrase I'm printing on a t-shirt isn't trademarked. How can I find that out?
answered on Oct 1, 2024
The best way is to find an experienced trademark attorney to perform a knockout clearance search of the USPTO databases to ensure that there are no possible infringing marks. This is especially important if you are planning to use a logo with graphic design elements.
Trademark law is... View More
Can I use the word "DeMolay" as a motorcycle club name if the name is trademarked?
answered on Oct 1, 2024
It depends. The registered trademark must claim specific classes/listings. In general, your use must not conflict with those classes/listings. There are exceptions in U.S. Trademark Law (i.e., the Lanham Act) if the owner of a trademark is considered to have a "famous" mark.
The... View More
Am I protected with my copyright or does the trademark override my copyright?
answered on Sep 26, 2024
Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.
In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be... View More
I would use the Wonder app.
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answered on Sep 25, 2024
Using a cartoon image of public figures like Donald Trump and Sean Hannity for commercial purposes, such as an album cover, can raise legal concerns. Even though public figures have less protection under right of publicity laws, you might still face legal risks, especially if the images suggest... View More
answered on Sep 25, 2024
Nope. The trademark registration does not have to cover every service/good you provide. However, if selling prints is something that you want to do long-term, then it would be smart to contact a trademark attorney and file an application to add that service to your existing trademark registration.
I would like to ask about the sentence that I use, such as Great things come from relentless effort, which is a continuous text. If searched for, no trademark infringement will be found. But if the word is taken alone, such as the word Effort, it will be trademarks. This is the sentence I use:... View More
answered on Sep 20, 2024
The sentence "Great things come from relentless effort" seems as a common phrase and not unique enough to be subject to trademark protection as a whole. Trademarks typically protect specific words, phrases, logos, or symbols that distinctly identify a product or service and are used in... View More
I want to start a business and want to put “Barbie” in the LLC name. Specifically Bartender Barbie, a business where I go bartend events, parties, etc. I myself am blonde and have pink bar tools which is how the nickname was born. I want to make sure there would be no infringement since I am... View More
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answered on Sep 18, 2024
Using the name "Barbie" in your LLC, especially in a way that might reference the iconic doll brand owned by Mattel, can raise serious legal issues. Mattel holds strong trademark rights over the "Barbie" name and has been known to enforce these rights vigorously, even in... View More
Boone County Jail
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answered on Sep 14, 2024
If you believe jail officers forged your signature on documents while you were in jail, you may have grounds to file a lawsuit for compensation. Forgery is a serious offense, and if it has caused you harm or violated your rights, you should consider taking legal action. It's important to... View More
answered on Sep 11, 2024
Creating a magazine with the name "Pulse" may involve potential trademark issues, as the name is quite common and could already be in use by other entities in various industries. Trademark law is designed to protect brand names and logos that are used to identify goods and services. If... View More
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