Video- game for commercial use, Environment creation.
This is a tough area of U.S. trademark law, and courts have different views on scope of trademark protection for buildings. On the one hand, rights-holders do have the right to exclude others from using the building images in commerce in a way that denotes "designation of origin" or has a... Read more »
I also filed a trademark with them and I don’t believe they ever filed for one and just took my money.
It sounds like you might have a contract breach, but their fine print probably says that you have to arbitrate the dispute in California and that damages are limited to the price paid to them. You may have to consult with a California attorney to review your specific details in this regard.... Read more »
Looking for trademark help.
The ability to register a trademark depends on many factors including whether the mark is merely descriptive, whether there will be a likelihood of confusion between the mark and another registered mark, particularly when the marks are in identical or related class/categories of goods or services,... Read more »
I have been writing poetry inspired by a television show and I'm interested in potentially publishing them in a book. I have not used any characters' names but some poems are based on plots or perceptions within the show. I intend to use original artwork and the poems are original.... Read more »
Your question poses an interesting issue concerning the relationship between copyright rights and "fair use", which is a defense that can be raised to the claim of copyright infringement. Your poetry, even if inspired by the TV show, could be viewed as a "transformative" use of... Read more »
In order to keep a USPTO trademark registration alive, periodically you must make filings. From what you report, it appears that the 6 year deadline passed to submit proof of continued use by the 6th year after registration. However, the USPTO gives a 6 month grace period to correct the omission.... Read more »
If using any unique signifier from any pre-existing source (Harry Potter novels/movies, in this case), I would indeed worry about that.
Your first step before committing to that brand is to consult with a trademark registration attorney who, will be able, in addition to registration... Read 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.
