Popsockets LLC keeps making claims that my trademark FAB POPS is in violation of there mark POP. This has happened over 150 times since June 27, 2022. My first use of FAB POPS is 6 months before there claimed first use. How can I combat the damage this is causing my business?
answered on Jul 11, 2022
One time is frustrating, but 150 times in a matter of weeks? Wow. It looks like you have an earlier first use in commerce date between the trademarks identified in your post. However, Popsockets LLC owns a fairly large portfolio of marks comprising the word "POPS." You should speak to a... View More 
I am planning on making a 2D Platformer game (when finished, I want it to be released on Steam, and possibly outside of the US if sales are good). I will be making the music for the game - I don't know too much on how copyrights work besides the fact that I have to file it, and I don't... View More
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answered on Mar 28, 2022
The game product you envision has elements that, as the fruits of your original creative effort, are separate subjects of copyright: the code, the visual appearance, and the music. To assure the greatest protection for your work(s), you should register the copyright in each of these elements. Then... View More
As a very rough example, if the phrase "Tigers" is trademarked by/for Auburn University, I would assume one could not produce apparel in school colors with the phrase "Tigers". However, is the word "Tiger" used in that same way also covered? Or is the first case... View More
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answered on Jan 6, 2022
Trademarks are words, phrases and/or designs that are used to indicate the source of specific goods or services. The objective of trademark registration is to avoid the likelihood of confusion by purchasers as to the source. If a trademark is used and registered in the singular form, the plural is... View More
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answered on Jan 3, 2022
It depends. Very likely there is little you can do.
Consult with an attorney
show it to other people. Is this illegal? Is the computer invasion of privacy?
answered on Sep 19, 2021
A Georgia attorney could advise best, but your question remains open for three weeks. It could be considered an invasion of privacy from a textbook basis. But from a practical standpoint, it could be difficult to arrange for the matter to be handled on a contingency basis - which could mean that a... View More
We became unemployed during this pandemic with my mother and started selling t-shirts over etsy.
We buy all svg and designs from digital svg sellers. Unfortunately we have received a nonsense trademark warning 3 times in the last 3 months.
Finally, a design of our "boy mom and... View More
answered on Mar 29, 2021
You should certainly contact an experienced intellectual property attorney for a confidential discussion. There are many facts that affect the analysis, and an experienced attorney will be able to explore all relevant facts before advising you. Such an attorney will want to review the complaining... View More
answered on Feb 8, 2021
In the near term, a provisional or utility patent application might be worth considering, keeping in mind that the U.S. is now a "first inventor to file" system (time is not on the inventor's side like it once was). Whether the device, the drug, or a combination of the device and... View More
how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented
answered on Oct 19, 2020
The USPTO may be searched to find federally registered trademarks. Trademarks may also be registered in individual states. However, it is important to remember that even unregistered trademarks have common law rights against infringement. If a trademark is confusingly similar to another... View More
This crazy lAdy just cAme moved in and started staying and said she wasn't going anywhere
answered on Aug 13, 2020
If she was never invited to stay, you should contact the authorities (police) and have her removed for trespassing. If she has been invited to stay, you will need to move to have her evicted.
We wish you well.
-The Upshaw Law Firm, (770) 240-0922.
I am writing a book based on my interpretation of the Hotel California album by Eagles. Can I name my chapters after the songs on the album?
answered on Jun 26, 2020
Generally, short phrases – including titles of songs – are not protected by copyright law. A short phrase is not protectable because there is not sufficient authorship. That said, the more you take from someone else the more likely the other party will claim there was authorship -- maybe the... View More
I am looking to start a business with with State outline logos for hats, shirts and jackets similar to the Masters, but it will be individual states such as Georgia, Alabama, Texas etc...not the outline of the United States I want to make sure I am not or will not enter any legal issues moving... View More
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answered on May 1, 2020
The geographic boundary of a state is not protected, but you have to make sure that your design doesn't infringe on someone else's. I would contact a trademark attorney to discuss the word mark or design mark (logo) that you intend on using to be able to get more tailored advice. Feel... View More
Hi there, I was having a discussion with my friends about a theoretical scheme between copyright lawyers and something like a movie studio. If they conspire to upload the material to a bittorrent site themselves in order to sue infringers, is that illegal? The closest thing we could think of would... View More
answered on Apr 28, 2020
probably very illegal
Lots of parts to analyze, if it is a real concern you should consult with an attorney
www.legalbizglobal.com
The parts are sourced from an online community (LDraw.com) that models the LEGO parts in 3D attempting to digitally archive the LEGO parts, so they are as close to the original as possible. I am attempting to create a virtual reality game where these parts can be built in a similar way (but in a... View More
answered on Apr 27, 2020
It will depend on what parts you are referring to.
If they are the ones out of protection, you could use them. But you need to make sure they do not have other protections, common law or statutory.
You should definitely consult an attorney to be better guided.
Marcos
www.legalbizglobal.com
My company is developing new software - I am NOT a part of the development team. But I have designed a far superior product that could potentially be worth millions to the company. If I present it to management, they could take it, hand it over to the development team, and potentially leave me out... View More
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answered on Feb 16, 2020
I am not a patent attorney but there may be a question as to whether the company already owns it even though they may not know about it. I see that you created it on your personal computer with non-company software, but did you create it on your personal time or on company time? Also, do you have... View More
I've had an online clothing company for over 7 years and just found out that someone else (in my city) recently started a soap company using my exact same business name. They are also selling their products on the online platform that my clothes are very popular on. Can I do anything to... View More
answered on Dec 8, 2019
Hire an attorney to review the alleged infringement and if you are correct send out a C&D letter. If that doesn't work then you sue them for infringement.
They deleted my admin privileges from the Facebook page that I started. I have asked them to Change the name but they will not because it is now a successful business. What should I do legally?
answered on Dec 3, 2019
You should contact an intellectual property attorney with trademark experience. You might have rights in the band name. Depends on the facts.
Specifically, my song is in part about Harry Potter, so in the blues solo I am writing I want to play the first 4-6 notes in a lick repeatedly with different rhythms, sometimes in the correct order and sometimes not, never in the same rhythm as the soundtrack. My goal is to get just close enough... View More
answered on Nov 13, 2019
don't. don't try.
there are tons of cases similar to yours in litigation.
what you just described is the core of their litigation, people confuses it with the original work.
www.legalbizglobal.com
best luck
This is not a supplement. This is for a type recipe that calls for a mixture of different food components. The idea behind this is to eliminate the prep steps of combining all the separate components. With this, the user will have one single container, that will contain all the necessary items to... View More
answered on Oct 9, 2019
You could add Patents as one of your categories. Your question could have a better chance of being seen by a patent attorney. Good luck
Tim Akpinar
Have a product idea, but wondering about some marketing kickbacks, so I'm going to use an example to explain what I mean...
Pretend I invented baseball caps and patent the product. Everyone decides they like them, so people buy and use them. Suddenly, a large corporation wants to put... View More
answered on Sep 2, 2019
If you have sufficient bargaining power, you can sell your product to individuals with a different deal to different groups.
So you can license one company to get the hats with a logo but you might control that you would be paid to apply to logo to the hat and build the profit margin in.... View More
See information on Durysta
answered on Jul 31, 2019
Technically, yes -- but you have to understand that "claiming" the mark is not the correct description -- you have the right to prepare and file a new registration application with the USPTO and go through the entire registration process for the mark you'd like to claim. This process... View More
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