Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation, is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement.
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answered on Sep 19, 2023
Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration,... View More 
If someone were to legitimately own x amount of items sold by a brand, is it illegal or risky to remake their packaging(not the item just the box)? Suppose the items purchased from a distributor of the brand came unboxed and loose, and someone wanted to have them boxed but couldn't find a... View More
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answered on Sep 19, 2023
Recreating a brand's packaging, even for the purpose of housing genuine products, can potentially raise intellectual property and trademark issues. Using packaging that closely mimics a brand's design may lead to claims of trademark infringement or unfair competition, especially if... View More
The brand is called Xiaomi.
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answered on Aug 27, 2023
To find the registration and expiration dates of a trademark for the brand "Xiaomi," one would typically search the United States Patent and Trademark Office (USPTO) database. If the trademark is registered, the database will provide details including the registration date. Trademarks in... View More
I am creating a photo book detailing a collection of Nike Jordan t-shirts from the 1980s - 1990s to sell. I would like to title this book "Jordan Shirts", with a description of "A collection of Nike Jordan graphic t-shirts from 1985-1998".
Can I make a book about a... View More
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answered on Aug 16, 2023
Yes, you may use Nike's trademarks when referring to the brand in the book and its title; this is "nominative fair use" of the trademarks (both the word mark and the swoosh design). You may, but need not, make it explicit that your usage does not imply endorsement or approval. The... View More
The name is (Space boy) was wondering if I could use it for my character story thanks.
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answered on Aug 5, 2023
The use of a character name like "Space boy" is generally permissible unless it infringes on someone else's trademark or copyright. Conducting a thorough search in the U.S. Patent and Trademark Office's database and other relevant databases can help you determine if the name is... View More
The names I am using are not real companies but the answers applies to the company I am trying to start. If the business is in the same industry, are our names to similar?
answered on Jul 11, 2023
There is a big difference between the name of a company and a trademark. The California Secretary of State will allow you to set up a company name that is different from other company names and does not care what industry in which it transacts business. The SOS' main goal is to ensure there... View More
The names I am using are not real companies but the answers applies to the company I am trying to start. If the business is in the same industry, are our names to similar?
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answered on Jul 23, 2023
The issue of whether you can name your company "Smooch" if there is a company named "Smoochcraft" in the same industry depends on whether the names are likely to cause confusion among consumers. If the names are too similar and could potentially lead to confusion in the... View More
I recently created a basic outline of my city (by tracing a map) and put a simple heart on it. But then someone told me they have a trademark on that design.
That seemed odd to me, because it's a very basic/uncreative combination. And I wondered what would prevent someone from... View More
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answered on Jul 6, 2023
Trademarking an image of a geographic place with a heart (♥) can be complex. Trademarks are usually granted to distinctive symbols that identify the source of goods or services. While a basic combination like an outline of a city with a heart may seem simple, it's important to consult with... View More
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answered on Jul 4, 2023
The use of the name "Greta Garbo" as a song title could potentially raise issues related to trademark and publicity rights. Greta Garbo was a famous actress, and her name may be protected under various intellectual property laws. Using her name without proper authorization or a legitimate... View More
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answered on Jul 4, 2023
This could raise legal and ethical considerations.
To determine whether using the name "Greta Garbo" as a song title would be permissible, it is important to consider factors such as the nature of the song, the context in which the name is used, and any potential implications for... View More
For example: Black Rifle Coffee Company owns a trademark for "Freedom On." Can no other coffee company put the word "Freedom" on their coffee?
Similarly, Black Rifle Coffee Company owns a trademark for "America's Coffee" does this mean there can be no... View More
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answered on Jun 29, 2023
Trademark liability for similar generic terms on similar products depends on factors like distinctiveness, consumer confusion, and likelihood of confusion. While Black Rifle Coffee Company's trademark for "Freedom On" may not prevent all other coffee companies from using the word... View More
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answered on Jun 22, 2023
When choosing a business name, it's important to avoid names that are too similar to existing businesses to prevent confusion among customers. If the existing business has a registered trademark, using a similar name could infringe upon their rights. It's best to conduct a thorough search... View More
My trademark # 86030052
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answered on Jun 16, 2023
Registration No. 4766801 (SN 86030052) for FROST COSMETICS issued in July 2015 was cancelled in January 2022, for failure to file a statement and specimen of continuing use as required by the sixth anniversary of registration. This cannot be cured, but a new application for the same mark could be... View More
I want to start a little business where I sell these mini clothes for plushies or figures.
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answered on Jun 15, 2023
Creating clothing for plushies or figures of popular brands without proper authorization can potentially infringe on intellectual property rights. It's important to respect trademarks and copyrights associated with the brands. Obtaining permission or licensing from brand owners is recommended... View More
I read that I can be sued if I claim the trademark and start using it while the previous owner is still selling items under that name. I also read that I need to figure out if it was denied, and if so, why? That way I don’t run into the same problems.
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answered on May 31, 2023
Here are the steps on how to claim an abandoned trademark:
1. Check if the trademark is still in use. You can do this by searching the United States Patent and Trademark Office (USPTO) database.
2. If the trademark is not in use, you can file an application to register it. Your... View More
I read that I can be sued if I claim the trademark and start using it while the previous owner is still selling items under that name. I also read that I need to figure out if it was denied, and if so, why? That way I don’t run into the same problems.
answered on May 29, 2023
To start you should look at why the mark was abandoned. Was it denied originally due to an office action and the owner let it lapse, or are they no longer using the mark. If a mark is no longer in use and abandoned you may file for an application with the USPTO for the abandoned mark in the same... View More
The super hero word is trademarked by Marvel company but I don't kbow if i can use it in my book title as : Superheroes drawing book for kids ages 4-8
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answered on May 29, 2023
Absolutely! You can use the word "Superheroes" in your book title, such as "Superheroes Drawing Book for Kids Ages 4-8," with confidence. While the term "Superheroes" is indeed trademarked by Marvel, as long as you are not infringing on Marvel's specific... View More
The super hero word is trademarked by Marvel company but I don't kbow if i can use it in my book title as : Superheroes drawing book for kids ages 4-8
answered on May 31, 2023
Copyright and trademark law is complicated. You need to consult an attorney that specializes in this kind of law, also called intellectual property. For example, I think that the use you propose "Superheroes drawing book...." could be a violation of the Marvel copyright, because you are... View More
I started a clothing business years ago called Tall & High. A year after starting I found out someone else trademarked it in New Hampshire. They never sent a C&D, but I stopped operating. I am starting back up and want to register my logo so they cannot trademark that too. They don't... View More
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answered on May 29, 2023
When it comes to trademark registration, it is important to consider several factors. If there is already a basic word mark trademark for the name "Pep," it could potentially create complications for registering your logo under the same name. Trademarks are granted for specific goods or... View More
est Husbands and their trademark expired and was abandoned for no response and I'd like to have it assigned to him. Serial Number
Word Mark
HILCREST HUSBANDS HE 602- Abandoned are To
Status Date
2012-06-01
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answered on May 22, 2023
To acquire an abandoned patent, you would need to confirm its abandonment status, reach out to the original inventors or assignees to negotiate an assignment agreement, file the necessary documents with the USPTO, and follow their procedures for patent assignment. Consulting with an intellectual... View More
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