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 »
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 »
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 »
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