If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it
answered on May 24, 2023
For federal trademark registration status, you could search the records of the US Patent and Trademark Office (USPTO). The database is known as "TESS." For state trademark registration status, you would need to search the records for each state.
However, keep in mind that the US... Read more »
If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it
answered on May 24, 2023
The cancellation of a federal registration may be due to the owner's failure to file the periodically required specimens to prove the mark is still in use. But if indeed the mark is still being used by its owner, that would be grounds for opposing your registration of the mark.
You... Read more »
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answered on May 11, 2023
It depends on how you plan to use the trademarked word or phrase in the title of your book. Generally, using a trademarked word or phrase in the title of a book is acceptable if it is used in a descriptive, non-infringing way. For example, if you are writing a book about Coca-Cola, you can use the... Read more »
answered on May 11, 2023
Titles of books can not be trademarked.
The name of a series of books or other creative works may be registrable if it serves to identify and distinguish the source of the goods. An applicant must submit evidence that the title is used on at least two different creative works.
Think... Read more »
I'm not fully aware of Trademark rules & regulations... I want to make sure I can use this before I fully create my LLC
answered on May 6, 2023
Regarding the potential of trademark infringement, the general test (stated simply) is whether a member of the public would be confused between the two brands. In other words, would someone see Drama Llama the lawn care business and think that this is the same Drama Llama that sells clothes? Even... Read more »
I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from... Read more »
answered on Apr 10, 2023
This appears to be a question about trademarks, not copyrights, which non-lawyers often confuse.
Trademarks are registered in various types of goods and services according to their classification (for instance, apparel, printed material, and cups), and when filing an application to register... Read more »
I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from... Read more »
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answered on May 2, 2023
In the United States, copyright law automatically protects original works of authorship, including logos, once they are fixed in a tangible medium of expression. However, if you want to register your logo with the U.S. Copyright Office, you will need to submit an application and pay a fee.... Read more »
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answered on Mar 10, 2023
It depends on whether the first nail polish brand has a registered trademark for the name "Julia" and if they are using it in connection with their nail polish products. If they do, then the second nail polish brand may be infringing on their trademark rights by using the same or similar... Read more »
My friend & I like to design & create sports cards of wrestlers from different companies both past and current using images (png) we find online from whatever website has what we're looking for, then using an app on our phone we assemble & alter/manipulate (color/brightness etc)... Read more »
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answered on Feb 25, 2023
It is not legal to use images that you find online without permission from the copyright holder. Even if you manipulate them to create a new product, you could still be infringing on the original creator's rights. If you want to create sports cards using images of wrestlers, you should obtain... Read more »
If it is, can I add anything to the shirt to make it legal? Like adding words on the shirt?
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answered on Feb 25, 2023
Using a photo of a background used on a runway may infringe on the copyright of the designer or photographer who created the background. Without permission or a license, it would be illegal to use the photo to sell shirts. Adding words to the shirt may not necessarily make it legal, as the use of... Read more »
I just want to make sure that if I go through with my idea, while it may take upwards of a year for the process to finish, that I can protect my idea somehow from being stolen by others and being patented by others.
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answered on Feb 25, 2023
There are several ways to protect your idea while you go through the process of obtaining a patent:
Keep your idea secret: Do not share your idea with anyone who is not under a non-disclosure agreement (NDA). This will prevent them from using or sharing your idea with others.
File a... Read more »
I just want to make sure that if I go through with my idea, while it may take upwards of a year for the process to finish, that I can protect my idea somehow from being stolen by others and being patented by others.
answered on Feb 14, 2023
To obtain an issued, enforceable patent, you would file a “utility” patent application. When you say ”the process 4 a patent,” are you referring to the preparation of this patent application, or the process of ultimately obtaining an issued patent (i.e., the back-and-forth with the patent... Read more »
I am developing a NFT collection based on animated sitcons. I know that tracing over the character image to create a new art work is illegal. But what about assets present in the character picture? Things like hats/hairs/clothes and other assets. Can I trace over this assets present in the original... Read more »
answered on Jan 16, 2023
Your question concerns whether the proposed use of the copyrighted material is covered by the "fair use" defense to copyright infringement. Fair Use under Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts... Read more »
We would like to take on clients to split the funds that the program makes from the buys/sells, but we want to be sure we do it the right way, legally and for tax reasons. We are researching resources to make sure we do this properly.
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answered on Oct 31, 2022
You might be considered a financial institution for purposes of US regulations. Since this app would have an online presence and an international reach, you'd need to ask this question in every jurisdiction where you process payments. it is likely you'll need more than one type of lawyer... Read more »
While my now ex boyfriend and I was in jail. A friend got my car impounded. I could have sold it but I didn’t want to. My daughter’s grandma was even offering to get it out. To give to my daughter but she wanted to put it in her name. I didn’t want to sell it so my boyfriends mom said she... Read more »
answered on Jun 15, 2022
Whether there is something you can do that would have very good odds in your favor depends on the powers you specifically gave her in the POA. Was the power strictly limited to removing the vehicle from impound in order to give it to you, or was it more general? Either way, a good first step... Read more »
There are no contracts or anything signed saying i’m not allowed to have unreleased work’s deleted. Is it really legal to deny my request when i’m responsible for purchasing my instrumentals, writing lyrics, and paid for the services they provided?
answered on May 28, 2023
Good question. Since you have nothing in writing, it would depend on normal practice in the industry. Absent that, they probably can choose to keep the material if they want to, but of course can't reproduce it in violation of your copyright.
I sent a concept design to a potential client who ended up using it without my permission. I used my firm's email address as I was at work during a lunch break when I sent it. I sent a cease and desist letter to the potential client who stole my concept design. Their lawyer responded by saying... Read more »
answered on Oct 28, 2022
Dear Mrs or Mr,
this case you have presented could be a serious issue which shall be handled by a qualified professional in IP matters in your area. You should seek IP professional in your country and present him or her with more details of the case as this can not be duly and... Read more »
I received an email from Etsy that another shop owner accused me of intellectual property infringement. The products were both shirts that have the phrase "but did you dye?" on them (different designs). Her shirt does have "TM" after the name in the product title, but I looked... Read more »
answered on Feb 28, 2022
You should definitely consult with an attorney.
She may have rights to a brand even if it is not registered.
The police said I should handle this through arbitration. I have title.
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answered on Feb 25, 2022
That's too bad police did not want to deal with it. You have an option of filing a complaint for Civil Theft. Once you get a judgment you will have to initiate a collection suit asking for a Writ of Replevin that's when you turn over that document to the police and they go and get it.
I own a small business that prints artwork wholesale for individuals and businesses. We take every necessary precaution that we’ve purchased rights to most of the art that we print, but some art comes to us by email from businesses that assure us they have permission to reproduce it. What if... Read more »
answered on Feb 4, 2022
Have them provide proof of permission.
Either a license, contract or similar.
Have them sign your terms where they become liable and protect you.
And check with professional liability, to see if you can buy protection for copyright infringement.
Consult with an attorney.
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