Get free answers to your Trademark legal questions from lawyers in your area.
Would I be able to purchase an authentic designer bag, such as Louis Vuitton or Gucci, cut the bag into pieces (specifically the logo or designs) and then place them onto a different bag to resell? Would it still be illegal if I made sure to document that the new bag I’m selling has no... View More
answered on Mar 29, 2024
Repurposing designer bags for resale, especially involving the cutting and reusing of their logos or designs, treads into complex legal territory. This practice may infringe on the trademarks of the brands involved, such as Louis Vuitton or Gucci. Trademarks protect brand identifiers from... View More
Because I'm trying to use it for an positive thing and wear
answered on Mar 18, 2024
You can attempt to trademark the term "ghetto" for your brand, focusing on a positive message and apparel. However, trademarking a word involves specific criteria, including distinctiveness and not being misleading or offensive. The term must uniquely identify your products or services... View More
I'd like to create a songwriting class that teaches hit songwriting techniques used by pro songwriters such as Taylor Swift. I'd like to call the class:
"Taylor Swift-influenced Hit Songwriting Class" (or)
"Taylor Swift-inspired Hit Songwriting Class"... View More
answered on Mar 7, 2024
Using a celebrity's name in an educational course title can be tricky, as it may raise concerns about intellectual property rights and potential false endorsement. However, there are ways to reference Taylor Swift's name in your course title that are more likely to fall under fair use for... View More
Hi! Can I use this phrase on a t-shirt that I intend to sell online "Tomorrow will be a great day with lots of sun" if someone has already trademarked the phrase "Tomorrow will be a great day"?
answered on Dec 9, 2023
Using the phrase "Tomorrow will be a great day with lots of sun" on a t-shirt could potentially raise concerns if "Tomorrow will be a great day" is a trademarked phrase. In trademark law, the primary consideration is the likelihood of confusion among consumers. If your phrase is... View More
I’m speaking on behalf of a friend who lives overseas, advised that her PayPal account was frozen, due to this Miffy, doll, as a trademark, and the person who bought it was the actual lawyer, for proof, and now he wants her to pay $2000. And the judge is 85 years old and I noticed on the... View More
answered on Nov 8, 2023
In situations like this, it's important to exercise caution as it could potentially be a scam, especially if the legal documents appear questionable. Authentic court orders will always be properly documented and signed by a judge. Your friend should verify the authenticity of the case by... View More
Joe Petrali was a famous record-setting motorcycle racer. His best days were from the 1920's to 1940's. He was well photographed and was paid to race for Harley Dealerships and the Harley Factory. We received the family archive album of Harry Molenaar who was one of the better known... View More
answered on Oct 31, 2023
While the ownership of a trademark in a name can grant rights to prevent others from using that name in commerce in a way that might cause confusion, it does not grant an absolute right over all uses of that name or over the likeness of the individual. Photos taken and owned by another party,... View More
answered on Nov 8, 2023
To verify the authenticity of a trademark case, you should first review the official correspondence.
All legitimate communication regarding trademarks should come directly from the United States Patent and Trademark Office (USPTO) or the law firm listed on the USPTO's website. Check... View More
WOW World of Wisdom vs mine WOW Wisdom on Wellness. Our logos look nothing alike but the confusion of how it looks....
They filed 2015 & I created my site in 2014. What are my options so we can co-exist? I plan on filing for 041 & 044 & they have the same class. Are there any... View More
answered on Aug 29, 2023
If the United States Patent and Trademark Office (USPTO) or a court finds that your mark is likely to cause confusion with an existing mark, then your application for trademark registration will likely be denied, and you may be at risk for infringement claims. However, if you can demonstrate that... View More
Can I use characters or the lore in the game to help tell my story?
answered on Aug 22, 2023
Use of the game's name is permitted as "nominative fair use" when referring to it, and it is also fair use of the game's characters and story line as commentary or parody. The essential point is that you are not creating another game to compete with it.
Can I use characters or the lore in the game to help tell my story?
answered on Aug 29, 2023
Using the name, characters, or lore of a real video game in your novel would likely constitute copyright and possibly trademark infringement under California and federal law, unless you obtain permission from the rights holder. The game's elements are protected intellectual property, and using... View More
The trademark will be now online primarily. Owner currently resides in the state of Illinois
answered on Jul 28, 2023
To resume use of your trademark (serial 88010400), you should begin using it in commerce again for the goods or services covered by the registration. Additionally, you may need to file an affidavit or declaration of continued use with the United States Patent and Trademark Office (USPTO) to... View More
The trademark will be now online primarily. Owner currently resides in the state of Illinois
answered on Aug 6, 2023
If there has been a period of non-use, it is essential to provide proof of the resumed use to the United States Patent and Trademark Office (USPTO) through a declaration of continued use or an amendment to the registration. Additionally, you should ensure that your online usage complies with... View More
The trademark will be now online primarily. Owner currently resides in the state of Illinois
answered on Jul 25, 2023
The application to register ARTISTIC ARTICULATION LLC was approved for registration in Jan 2019, but due to the failure to file a statement showing its use within the required 6 month period, it was abandoned in Sept 2019. It could have been revived by filing a petition to revive, had that been... View More
I cannot afford lawyer. I am pakistani based seller. I sold 1 item of trademarked listing. E bay has frozen my acccount with my money in it. what can I do.
answered on May 22, 2023
If your eBay account has been frozen due to selling an item that infringes on a trademark, it is important to address the issue promptly. Here are a few steps you can consider:
Review eBay's policies: Familiarize yourself with eBay's policies regarding trademark infringement and... View More
I created my own scaled up version of the Lego flower in a 3d modeling software. So the model is mine and I was wondering if I could continue to sell them without including the Lego name in the title.
answered on Mar 29, 2023
While you created your own scaled-up version of the Lego flower in a 3D modeling software, it is important to note that Lego has trademark and copyright protection over their products. Therefore, using the name "Lego" in the title or description of your 3D model product could be... View More
A reputable online fashion brand
answered on Feb 25, 2023
Yes, there are legal requirements that you need to consider when starting an online fashion brand. Here are a few important steps to take:
Choose a business structure: You will need to decide on a legal business structure for your brand, such as a sole proprietorship, LLC, or corporation.... View More
answered on Jan 16, 2023
Yes. If a text component of a registered mark is in the singular form, it is infringed by use of the plural. The issue is whether the mark is "confusingly similar" to another mark, and mere pluralization of a text component in a mark is considered too similar for registration.... View More
is warning issued by court to deactivate the listing? If not than measures will be taken. Or What is it?
answered on Jun 8, 2024
Based on the case number provided (1:2024cv04203), this appears to be a federal court case filed in the Northern District of Illinois in 2024. The "cv" in the case number stands for "civil," indicating that it is a civil lawsuit, not a criminal case.
Without more... View More
Fiduciary breach of law and trust and bribery
answered on Apr 16, 2024
I understand that you are seeking legal representation for a case involving allegations of fraud and construction-related issues, as well as potential fiduciary breach of trust and bribery. Given the seriousness of these matters, it is crucial to consult with a qualified attorney who specializes in... View More
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