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I am seeking full legal closure of my legal holdings and funds within the United States, which include deeds, trusts, estates, and bank holdings. I face a Power of Attorney dispute, which was created in Newark, New Jersey, New York, and it might be used fraudulently against my holdings. Many U.S.... View More 
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answered on May 21, 2025
You need to revoke that power of attorney. Make several original duplicates of the revocation and record them in any appropriate NJ and NY Counties. Also send copies of the revocation to any relevant brokerage houses or other businesses that handle your properties. This revocation should have... View More
I am interested in acquiring ownership of a defunct company that ceased operations in 1968, along with its key original filed trademarks. Some of these trademarks are still actively used by an owner within the same industry, while others are expired or have limited use. I want to continue the... View More
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answered on May 13, 2025
Trademark rights in the United States are primarily governed by federal law and adjudicated through the U.S. Patent and Trademark Office (USPTO) and the federal court system, rather than through state registration systems. While some states, including Illinois, do maintain their own trademark... View More
I am a solo game developer who has received a cease-and-desist letter from a company claiming trademark infringement over my unreleased game’s title. The company’s trademark is stylized and applies to a game with a similar but not identical name. My game title uses a different spelling, is in... View More
answered on May 12, 2025
To answer your specific question, the fact that one name is stylized and the other is not is usually insufficient, by itself, to distinguish the marks for purposes of trademark infringement. However, it sounds like there are a number of differences in this case, and it is difficult to do any kind... View More
I found a trademark marked as abandoned in the database since 2016, and I'm interested in using it for my streetwear apparel line that I plan to expand into various merchandise. Can I legally purchase or claim this trademark and copyright to ensure that no one else can use the business name in... View More
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answered on May 12, 2025
Assuming that the trademark is not still in use (which may be different than its official registration status), and assuming that there are no marks in use that are sufficiently similar so as to raise a likelihood of confusion, then you might be ok to take over an "abandoned" mark. But... View More
I found a trademark marked as abandoned in the database since 2016, and I'm interested in using it for my streetwear apparel line that I plan to expand into various merchandise. Can I legally purchase or claim this trademark and copyright to ensure that no one else can use the business name in... View More
answered on May 12, 2025
If the trademark is abandoned on the USPTO and no longer in use you may have the opportunity to take over or register the trademark yourself with the USPTO. You should work with a trademark attorney for them to review if any similar marks already exist and why the prior mark was abandoned to see if... View More
I found a trademark marked as abandoned in the database since 2016, and I'm interested in using it for my streetwear apparel line that I plan to expand into various merchandise. Can I legally purchase or claim this trademark and copyright to ensure that no one else can use the business name in... View More
answered on May 12, 2025
Presumably, you are talking about the USPTO's database of federally registered trademarks. Since the registration has been abandoned, you are free to file your own application for the trademark. However, if the original owner is still using the mark in commerce, they may still retain some... View More
I have been using the name "SHADOW BOATS" since 1987 for a Bassboat that I designed and built. I am aware of another company using a similar name for larger boats, such as yachts, but they previously indicated it was fine for me to use "SHADOW BOATS" for my fishing boats. You... View More
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answered on May 11, 2025
There are various ways to work around a "likelihood of confusion" refusal by the USPTO. The most common is to try getting a concurrent use agreement with the owner of the "confusing" registered mark. This is something that any trademark attorney could assist you.
I want to create a movie quiz game for a website, which will play 10-second clips from movies, and users will pick the correct answer. I'm not planning to obtain licenses for the movie clips, but I have looked into fair use. Will this approach potentially lead to legal issues?
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answered on May 10, 2025
Yes, using 10-second movie clips without licenses can potentially lead to legal issues. While "fair use" considers factors such as purpose, the length of the content used, and the impact on the original work's market value, using clips commercially or for entertainment... View More
I'm receiving financial pressure regarding a video of a dog I posted on my Instagram page, which has 89k followers. A copyright filer contacted me via direct email demanding a payment (initially $1000, then discounted to $500) to remove the copyright claim, even though I've already... View More
answered on May 9, 2025
Yes, based on your description, this situation could potentially be considered an abuse of the Digital Millennium Copyright Act (DMCA) system—and in some cases, it might even approach the line of coercion or bad faith conduct, though calling it “extortion” has a specific legal threshold.... View More
I recently left my job at a tech company in California, where I signed an NDA as part of my employment agreement. HR and IT have requested that I submit my personal USB device for inspection and wiping, claiming I downloaded some work-related files before my departure. I've deleted most of the... View More
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answered on May 9, 2025
Hello. You've said here that there were work files on the device, so the company has a legitimate concern about what else you might have. I'd ask them if they'd take a Declaration from you that you have deleted everything you had (assuming that's true). You no longer work there,... View More
I'm creating anime-inspired pencils and want to use phrases such as "The Honored One," "The Strongest in History," "The Vessel," and "Restless Gambler," commonly associated with the anime Jujutsu Kaisen. My target audience is primarily anime fans, like... View More
answered on May 8, 2025
While it's not high, there is still some risk. It's helpful that you are avoiding logos and artwork. But if these phrases are distinctive enough and commonly understood by fans to refer specifically to the anime, using them could lead to trademark infringement or a claim of implied... View More
I am writing an adaptation of the novel Dracula, altering characters' roles and personalities. My character, Dr. Murray, shares similarities with Dr. Seward from the 1931 Dracula film in occupation and fatherhood of Mina, but I have not copied dialogue, plot, or storyline. I understand the... View More
answered on May 9, 2025
You could use a character like Dr. Murray, who is inspired by Dr. Seward from the nineteen thirty-one film adaptation of Dracula, as long as your book is published after the film enters the public domain. Once the film is in the public domain, you might be able to draw from its specific... View More
I am the widow of an inventor who had numerous utility patents. He passed away unexpectedly at 55, and we were married for 15 years. I was unaware of these patents until eight years after his passing. His patents are licensed, and he told me we would be rich, but I didn't understand what he... View More
answered on May 7, 2025
Whether you are owed royalties depends on the language of any agreement signed by you or by your deceased husband permitting others to use the inventions he patented. If someone is using the patented inventions without permission, what constitutes a fair royalty can be one measure of any damages... View More
I'm in the process of designing a logo for my professional nursing business. Are there specific legal restrictions or considerations I should be aware of regarding the use of particular symbols or terminology in the logo?
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answered on May 4, 2025
If you're designing a logo for your professional nursing business, there are a few legal considerations to be aware of, especially depending on whether your business is accredited or subject to oversight by a licensing board in your state. Symbols like the Red Cross emblem (a red cross on a... View More
I want to buy perfumes in bulk from manufacturers, repackage them into smaller bottles, and sell them under my brand. These perfumes are originally from big international brands, but I plan to use my own logo and trademark on the packaging without referencing the original brands. I don't have... View More
answered on May 1, 2025
Yes, you can do this, but there are some requirements you have to comply with. Obviously doing it the other way around - selling your own perfume under another manufacturer's brand - would not be OK at all. But since you are not claiming any affiliation with the original manufacturer, their... View More
I have already registered my LLC and have a logo and company name designed. I discovered that while my logo is unique, the company name is already in use by another entity. What steps should I take to register my logo and resolve the issues with my company name? What legal challenges could this... View More
answered on Apr 30, 2025
JA's AI response is actually appropriate since only a very general response can be given on a free online Q and A. Your logo and your name would need to be known to properly advise you. If your logo is a yellow "M" and your name is McDonald's Burgers, LLC you have problems. If... View More
I have a company called RemarkablyGreenLLC that has been registered in Florida since September 2023. Another company started using the exact same name in 2024, but I have not been approached by them, and we seem to provide different services. I have not taken any legal action yet. Can someone use... View More
answered on Apr 29, 2025
When I checked on Sunbiz.org I only found one company with the name Remarkably Green, LLC. Are you the owner, Omar R. Johnson? I did a check with the U.S. Patent and Trademark Office and found the trademark "REMARKABLY GREEN ECO-PRODUCTS FOR A BETTER TOMORROW EST. 2024" that has been... View More
I registered my trademark on November 2, 2017, and I've recently discovered that someone in my state is using my trademarked name in their business and product labeling without my consent. We are in the same geographic market. Do I have grounds for legal action, and should I provide any... View More
answered on Apr 28, 2025
Provided you were using the mark in commerce prior to the other party, you can certainly take legal action.
If you are conducting commerce with the trademark across state lines (i.e., not just in NY), the first thing you should do is file a federal trademark application. If you engage them... View More
I'm planning to name my nonprofit organization that helps individuals with special needs enter the tech workforce as 'Nabby.' However, I know of two businesses, Nabby and Nabby's, that are in the food industry and are for-profit. These businesses are not located close to where... View More
answered on Apr 25, 2025
No, the name will be deemed too similar and will be rejected when you submit the application paperwork. You can go to the Florida Department of State website and try, and this likely will be timely confirmed with notification that you have to pick another name.
I have a mass distribution license with an Italian company that owns the trademark "Rivedil" for paints. I want to know if I can trademark "Rivedil USA" while selling their products. Is this permissible, considering the original trademark is overseas and I have a distribution agreement?
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answered on Apr 24, 2025
You likely can’t trademark “Rivedil USA” without the Italian owner’s consent, as it uses their trademark. Check your distribution agreement—using or registering the mark without permission may infringe their rights.
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