Get free answers to your Trademark legal questions from lawyers in your area.
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 
answered on Aug 10, 2024
If I understand the question correctly, you mean by “trademarked” that it was once federally registered but now has been abandoned or cancelled. In most situations you could file for a trademark registration for that mark and use that mark. One caution is that it's possible the owner of... View More
My former attorney arranged the ownership for me so I don't know what this is. I simply need some direction and will have another attorney, local, attend to it.
answered on May 25, 2024
US Reg No. 5500635 for PURPLE DRYAD is active for retail store services, and your name and address are correctly shown in the USPTO records. To maintain the registration, statement of continuing use must be filed by Jun. 26, 2024. This is a simple task for an experienced trademark attorney.
My former attorney arranged the ownership for me so I don't know what this is. I simply need some direction and will have another attorney, local, attend to it.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2024
To address your concern, you first need to understand what documents or agreements your former attorney used to arrange the ownership of Purple Dryad. Start by locating any legal documents, contracts, or ownership certificates that were provided to you at the time. These documents should outline... View More
for example, If we put a book in a kids box is that allowed? What about things like legos or disney or another "known" company product in the basket if we are not claiming it as our own or that we made it?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024
When it comes to including trademarked items in gift baskets, the key considerations are the principles of trademark law and the "first sale doctrine." Here's what you need to know:
1. First Sale Doctrine: Under U.S. copyright and trademark law, the "first sale... View More
We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More
answered on Mar 26, 2024
It depends. A close examination of their request is warranted. If their registered trademark covers the service you provide, and your use of your business name "is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the... View More
We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024
It's important to understand that an organization can indeed protect certain words or phrases, especially if they're integral to their brand identity, through trademarks. When it comes to business names, what matters most is the likelihood of confusion in the market. If your business... View More
I would also like to know if a phase that is the business name should be trademark
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024
Starting an online aromatherapy service is an exciting venture. Regarding your question about setting up a business trust, it's indeed possible. A business trust can manage the business's assets and operations, but the specifics can vary widely based on your location and business needs.... View More
Most pictures will just be the car after being cleaned. Some pictures will showcase the before & after.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024
In most cases, posting pictures of cars you have worked on or detailed on your website or in advertisements would not be considered trademark infringement, as long as you follow certain guidelines:
1. No false association: Ensure that your use of the pictures does not falsely suggest that... View More
My design expired can I modify it for resubmission, is their possible law suits I can receive compensation from?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024
Based on the limited information provided, I'll try to address your questions as best as I can.
1. Royalties: If your design patent has expired, you will no longer receive royalties from it. Once a patent expires, the invention or design enters the public domain, meaning anyone can... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024
Choosing a business name is a significant step in establishing your brand and presence in the market. Using your legal name, Billy, as part of your business name, such as "Billy The Kid - Home Repair & Restoration," is generally permissible. However, it's essential to consider a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
Using the name of a university on a woodcut map can potentially raise trademark and intellectual property concerns. While you're not using logos, universities often have trademark protection for their names to prevent unauthorized use for commercial purposes. Whether you can use the name... View More
On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted... View More
I would like to start a Facebook group and name it Florida Boss Babes and want to know if this is okay or if I would be violating someone else's trademark.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024
To determine if "Boss Babes" is trademarked, you can conduct a search in the United States Patent and Trademark Office (USPTO) database. This will show if the term is currently registered as a trademark. Remember, even if a term is not registered as a federal trademark, it could still be... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024
Mickey Mouse, as a character and brand, is indeed protected by both copyright and trademark laws. Copyright protects original works of authorship, such as movies, books, and artwork, including animated characters. Mickey Mouse, as a creation of Walt Disney, falls under this category, safeguarding... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024
Good morning!
Unfortunately, I do not have enough context or details to provide specific advice about your particular situation and why your trademark attorney filed the trademark application under their own name. However, here are a few general possibilities to consider:
- It may... View More
The Waste Management Logo Colors with Hex & RGB Codes has 2 colors which are Cadmium Green (#026937) and American Yellow (#EDAA00). If I use these colors for my Dog poop removal business branding/logo/car wrap will I open myself up to litigation
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024
Using a similar color palette to that of another company, like Waste Management, in itself is not typically illegal. Colors alone are generally not sufficient to constitute a trademark infringement unless they have acquired distinctiveness and are strongly associated with a particular company or... View More
answered on Dec 28, 2023
The other attorney's answer to your question omits only one important point:
when there are multiple users of the same (or confusingly similar) mark for the same or similar goods/services, PRIORITY of usage -- "first in time, first in right" -- determines which of them should... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2023
When considering whether to submit a trademark application for your athleisure brand, it's important to carefully assess the existing trademark landscape. The presence of multiple applications for a similar or identical name can significantly impact your chances of successfully registering... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023
No, the decorative patterns and designs on Pfaltzgraff Yorktowne dishware lines are very unlikely to be protected by active trademarks or eligible for trademark protection. Therefore, you should generally be free to sell paint stencils replicating those patterns without infringing trademarks.... View 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.
