Lawyers, Answer Questions  & Get Points Log In
Florida Trademark Questions & Answers
2 Answers | Asked in Business Formation, Copyright and Trademark for Florida on
Q: Can Cosmetic Warriors remove my listing for saying Lush? Their trademark is LUSH not Lush.

Cosmetic Warriors keeps flagging all of my listings even though the title and description of my listings on Ebay specifically say my brand name, not theirs. They are complaining for using terms such as "(my company name) bath fizzies lush roses" saying it is copyright infringement.... Read more »

Evelyn Suero
Evelyn Suero answered on Aug 11, 2020

This use of the word may fall under Descriptive Fair Use of a trademark when a word is used in a descriptive manner and not as a trademark, and there is no association implied with the trademark owner.

View More Answers

2 Answers | Asked in Trademark for Florida on
Q: I have the trademark HOOPSLife. I was given a cease and desist order filed from someone who owns HOOPLife. ???
Tania Maria Williams
Tania Maria Williams answered on Aug 4, 2020

Trademark owners are supposed to police their mark, but a cease and desist letter can have some merit, a lot of merit or no merit. It depends on the facts and circumstances surrounding the marks and their use. You should contact an attorney to assist you with determining the viability of an... Read more »

View More Answers

3 Answers | Asked in Trademark for Florida on
Q: Is there a difference in these two trade marks..... 1. HOOPSLife. and 2. HOOPLife. ?
Evelyn Suero
Evelyn Suero answered on Aug 4, 2020

A trademark owner or trademark would likely find those trademarks to be confusingly similar and the use of one would likely create a likelihood of confusion with the other, depending on the class/category of the trademarks, etc. Generally speaking, the addition of one letter does not overcome the... Read more »

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: How can I buy a trademark that is listed as unused since 2008?

I was researching for a brand name and this one appeared as unused in the Justia Trademarks display page. Just the steps to acquire the brand name before using it Online.

Evelyn Suero
Evelyn Suero answered on Jul 28, 2020

While some people do purchase rights to use a trademark from trademark owners, if the mark is not being used by anyone, then the right to exclusively use a trademark is acquired through use for goods and services. Before filing for registration of a trademark, it is important to determine whether... Read more »

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Copyright/ Trademark I am crafter who creates customs designs and create handmade items..

The order Hello and good evening. I’m wondering how much you would charge me to have a T-shirt made? Two shirts specifically. I World like a saying and four drawing on the shirt.

To get to the point, she asked me to create and i worked tirelessly to do so, finished my design and sent her... Read more »

Tania Maria Williams
Tania Maria Williams answered on Jul 17, 2020

She seems to be under the assumption that because she commissioned the design that it belongs to her. Unfortunately, many people make that incorrect assumption. The Copyright Act is clear that you need a writing for a work to be considered a work made for hire and only particular works fit within... Read more »

2 Answers | Asked in Trademark for Florida on
Q: Sold business, still own trademark, can I use it?

I registered a trademark (business name) in 2004. In 2007 I sold the business to a large company. I don't remember reassigning the TM. I was doing a TM research today and see I still own the trademark. Do I still have a right to use the name?

William Scott Goldman
William Scott Goldman answered on Jun 25, 2020

Well, that depends on the terms of your asset purchase agreement, including any provisions concerning IP and common law trademark rights. Additionally, you'll need to examine whether the other party has already started acquiring common law rights through use of that trademark and whether you... Read more »

View More Answers

1 Answer | Asked in Trademark for Florida on
Q: I was told that the word Superhero was owned by Marvel. Can I still use Superhero Nutrition in my program?
Evelyn Suero
Evelyn Suero answered on Jun 19, 2020

You should consult with a trademark attorney regarding using trademarks that are registered. Generally speaking, trademarks are protected within the class of goods or services in which they are used. If, for example, the trademark owner uses the mark for nutrition/health, your use of the mark may... Read more »

3 Answers | Asked in Trademark for Florida on
Q: Name I want to use is trademarked. But what if my business has more of a social presence than the trademarked name?

I can’t even find the trademarked business online.

Bill Hulsey
Bill Hulsey answered on May 26, 2020

Great question. There are numerous options to consider. If you'd like to discuss them, let us know:

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)...
Read more »

View More Answers

3 Answers | Asked in Business Formation, Business Law, Entertainment / Sports and Trademark for Florida on
Q: Can I trademark an exhibition/docu-series name? I'm in FL & trying to register the name under Sunbiz & USPTO.

Also, if I can register it, would I need to register it as an LLC?

Bill Hulsey
Bill Hulsey answered on May 26, 2020

Yes. And, we can help:

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)

HULSEY, PC

A Gold Standard in IP for a Competitive Entrepreneurial...
Read more »

View More Answers

2 Answers | Asked in Copyright and Trademark for Florida on
Q: I want to register domain like VRchatroom.com, am i infringing on trademark of VRchat.com as they own VRchat trademark
Barbara Berschler
Barbara Berschler answered on May 25, 2020

Yes. The word "room" is not the main part of their mark, "VRchat," from the POV of trademark protection.

View More Answers

3 Answers | Asked in Copyright and Trademark for Florida on
Q: Hello I have an online store and we want to sell shower curtains an mats with designer brand logo are we able to?

Are we able to sell it? We don't claim the artwork as ours.

Bill Hulsey
Bill Hulsey answered on May 16, 2020

https://www.youtube.com/watch?v=2jK8IndKMis

TRADEMARK FAIR USE

Please watch this video.

If we can help, let us know.

All the best,

Bill Hulsey

View More Answers

2 Answers | Asked in Trademark for Florida on
Q: Am i braking law if using a phrase, which is a trade mark. Example Miami Towing, using it as a keyword phrase on website

We are a towing company, and we use different key words phrases on our website. One of them is Miami Towing, for better search traffic from google. We received a letter from Miami Towing company that has a trademark of that phrase. They have recently filled for it. Am i braking law using it?

Evelyn Suero
Evelyn Suero answered on Apr 14, 2020

Generally speaking, use of a bonafide trademark on a website or advertisements may constitute trademark infringement if such use would likely cause confusion among consumers, such that a person would be confused as to the source of the goods or service that they wish to purchase. However, trademark... Read more »

View More Answers

1 Answer | Asked in Trademark for Florida on
Q: A company has trademark registered but no signs of any business in the United States, is that Lanham Act non-use/abandon
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 13, 2020

It can be.

Check when it expires.

Also, if you really want it, you may institute proceedings.

There are a number of strategies you can pursue.

Contact for a consultation

480 324 6378

www.legalbizglobal.com

2 Answers | Asked in Gaming and Trademark for Florida on
Q: My company makes games for its benefit. Others buy/download our games. Would we use a trade or servicemark for our brand

Unsure if I should use Class 09 or Class 42 for my company's brand name. Is making the video games I want to make, but then selling and/or offering them to be played by others considered a service for others?

Evelyn Suero
Evelyn Suero answered on Apr 7, 2020

The answer to your question depends on the specifics of your business. However generally speaking, a trademark symbol is used to identify the source of 'products/goods' that you are selling; and a service mark is used to identify the source of a 'service'. For example, when a... Read more »

View More Answers

1 Answer | Asked in Trademark for Florida on
Q: If a company has Status: 606 - Abandoned - No Statement Of Use Filed. Am I able to purchased the abandon trademark?
Tania Maria Williams
Tania Maria Williams answered on Mar 3, 2020

There are a few considerations with abandoned marks. First, what is the reason for abandonment? Here you say there is no statement of use filed which could mean that they never used the mark at all which would be good or that they just simply didn’t file the document, but are actually using the... Read more »

3 Answers | Asked in Trademark for Florida on
Q: I created a company that already had a trademark registered to a series of books. Could I create a trademark for apparel

Hello, I recently started a business in apparel. Initially, I had done a trademark search to see if it already existed so I could register it at a later date. When I did my research I saw that it was already registered under a series of books I didn't think this would be an issue. Later I read... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 9, 2020

In the current climate of branding and merchandising, it is not uncommon for a popular book series to venture into the merchandise space. This merchandise will usually include at least t-shirts like those sold on harrypottershop.com. If you have found that the mark for the series of books is being... Read more »

View More Answers

1 Answer | Asked in Trademark for Florida on
Q: Please, how much time and money does it take to register a trademark?

Dear Lawyers,

I would like to register part of my company name as a trademark to prevent other companies from using it. I have carried out a search on uspto.gov and there is one record with a "cancelled" status.

I would like to know how much money and time it is going to... Read more »

Jason Brooks
Jason Brooks answered on Jan 24, 2020

This is difficult to answer with an exact cost because your registration depends on a variety of factors -- namely, how many marks and in how classes will you be registering? Basically, the USPTO charges a filing fee of $275 per mark, per class. In addition, an attorney charges their own service... Read more »

1 Answer | Asked in Trademark for Florida on
Q: Two different styles of clothing but share same word in brand name. Can that be an issue?

There's a brand called Public Rec, we're starting a brand called Public Order. Two completely different styles of clothing but could this potentially be an issue?

Keith Kanouse
Keith Kanouse answered on Jan 24, 2020

Pub Rec is a registered trademark for several classes of goods with 2 filings with the USPTO. You have no registration or application. You need to discuss this issue with a trademark attorney.

1 Answer | Asked in Trademark for Florida on
Q: hi is the name Lewis Hamilton Trademarked?

it says cancelled

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 2, 2020

There is a pending application

unless you are him or his attorney, you should not try to get it as it may be misappropriation of a famous image

talk to an attorney about your needs and plans

1 Answer | Asked in Trademark for Florida on
Q: The company Pundit Music Corp scam me out of $499 for a trademark name through PayPal. Paypal refused to refund my $

Because of their 180 day refund policy but the company says I would receive a certification in 1 yr and now this company isn’t answering calls, changed their email and phone number. How could I get my $ back? I purchased from a gift card I no longer have so I can’t go through the bank. PayPal... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2019

Try with your state attorney, AG, see if they can assist you

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.