Get free answers to your Intellectual Property legal questions from lawyers in your area.
My business is named Queen Bee Wax Studio and I just received a message from the owner of Queen Bee Salon and Spa saying that she owns the rights to Queen Bee Waxing. We are in the same industry but she's on the west coast and I'm on the east coast. Can she force me to change the name of... View More 
answered on Sep 1, 2024
There is a federal trademark registration for QUEEN BEE, for hair removal services, namely, face and body waxing services, owned by a company in Dallas, Texas. That company's cease-and-desist demand would have some credibility, although there is little likelihood of actual confusion by... View More
My business is named Queen Bee Wax Studio and I just received a message from the owner of Queen Bee Salon and Spa saying that she owns the rights to Queen Bee Waxing. We are in the same industry but she's on the west coast and I'm on the east coast. Can she force me to change the name of... View More
answered on Aug 9, 2024
I can provide some educational material related to trademarks. If someone has a federal registration on the principal register before another person begins using a mark, the federal trademark owner will be able to enforce it provided that there is a likelihood of confusion. If a person on the West... View More
He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.
answered on Jun 26, 2024
Since the individual who provided the name is not a part owner of your LLC but may claim it as their intellectual property, it is important to address this issue to protect your business.
First, verify the legal ownership of the business name. If you registered the LLC under this name and... View More
He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.
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answered on Jun 22, 2024
Know the difference between the legal name of the business and the trade name, if there is a difference. As an example, Coke could be the trade name for the Coco-Cola Company, Inc. (legal name). You might want to register the trade name with the state's Secretary of State's Office,... View More
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answered on Jun 19, 2024
To protect your intellectual property for the name "Flying Yankee" in Massachusetts, you'll need to pursue both copyright and trademark protection. Here's a guide:
Copyright:
1. In the United States, copyright is automatically granted to original works upon... View More
The the image is from an American photographer, but the company demanding payment represents a large stock company that we are certain we have never done business with, and we suspect repurchased the image from another company. They are asking removal of the image from our piece, and over $800 fee.... View More
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answered on Apr 8, 2024
In this situation, it's important to understand your rights and the potential consequences of your actions. Here are a few steps you can consider:
1. Request proof of ownership: Ask the company demanding payment to provide clear evidence that they own the rights to the image in... View More
Using "made up names that emphasize the quality of a game or movie without using any words related to trademarks" to refer to that game or movie is more legal than trademark infringement, is it? For instance, calling something "High Grossing Movie about a Memorable President:... View More
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answered on Mar 23, 2024
When dealing with trademarks and references to existing works, it's important to tread carefully. Using "generic original names" to avoid direct mention of a trademarked game or movie can reduce the risk of infringement, but it doesn't make it entirely legal or safe. The concept... View More
Company A has been using a mark in commerce for a year, but has yet to file for registration. Company B files for the mark (same name and class) with intent to use. It is pending, but has not been assigned an examiner yet. How should Company A protect their mark, and prove they have rightful... View More
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answered on Feb 23, 2024
To protect their unregistered mark, Company A should gather evidence of their prior use of the mark in commerce. This evidence can include sales records, advertising materials, website screenshots, and any other documentation that demonstrates the mark's use in connection with their goods or... View More
I can't find an interested and reliable party in US to act as 1) investors 2) manufacturers 3) medical administrators
However, I might be able find all this partnership in a different country.
What should be done from the legal stand point to:
1) protect this invention... View More
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answered on Feb 4, 2024
To protect your invention, which is patented in the United States, when operationalizing it in another country, it's important to secure patent protection in those specific countries where you intend to manufacture, sell, or otherwise commercialize your invention. Patents are territorial,... View More
I want to use the name across multiple copyrights. Am I allowed to do that?
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answered on Feb 1, 2024
If you hold a literary copyright for a specific work, such as a book, article, or other creative content identified as "bla bla," it generally pertains to that particular work and its use. Copyright protection is specific to the creative expression contained within that work and the... View More
As you may be aware, popular franchises can bring forth the desire to create fan games. However, there is one problem that should be brought up to attention. One of these franchises, the Pokémon franchise, is owned by a company whose policy is to decline ALL usage of their copyrights and... View More
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answered on Jan 5, 2024
Addressing unauthorized use of copyrighted material, such as fan games based on the Pokémon franchise, is a legitimate concern for copyright holders. If you are representing the rights of the company owning the franchise, you have the legal ground to take action against copyright infringement.... View More
I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More
answered on Oct 22, 2023
The trademark application you cite is for the text FROM HER TO ETERNITY, without any graphic element or stylized font, so whatever you designed is not at issue in the trademark registration.
If the design you created is being used on merchandise or related materials such as advertising,... View More
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answered on Sep 19, 2023
Certainly, you can potentially trademark the phrase "don't panic, it's organic." However, the success of your trademark application will depend on factors such as its distinctiveness, its use in commerce, the likelihood of confusion with existing trademarks, and whether it meets... View More
I had a trademark question. With the investment company RobinHood owning the trademark name of Robinhood.
answered on Jul 6, 2023
I recommend against creating a company in the financial industry with any name that is similar looking or sounding to RobinHood. That is likely to invite a cease and desist letter, lawsuit, or other legal action against you. Even if the risk was low, do you really want your brand to have such a... View More
answered on Jun 28, 2023
It depends on the context of your proposed usage. The words "Milky Way Electric" can not be copyrighted, but they can probably be used in a trademark, that is, associate it with a good/service. You will have to seek out a trademark attorney to guide you on the specific areas of... View More
How can Dizzy Gillespie be Trademarked by Lorraine Gillespie Trust when he is Trademarked by AL Cass Inc as a graphic design of a trumpet player. Is AL Cass Inc committing Trademark Infringement on the Lorraine Gillespie Trust who has Dizzy Gillespie Trademarked. Thank you
answered on May 30, 2023
The Gillespie Trust owns six active registrations for the text mark (name) DIZZY GILLESPIE, as used on valve oil, recording, mouthpieces, songbooks, trumpet polishing kits, and entertainment services.
If there is a design mark depicting the person Dizzy Gillespie, it would not infringe the... View More
This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.
answered on Apr 18, 2023
You can pay an patent attorney or patent agent to perform a patentability search. Often they will tee up the search scope and outsource the search to professional searchers with lower hourly rates.
NOTE -- even after a search, your idea may not be patentable as someone may have filed a... View More
I know you should email them but how do you get their contact?
answered on Feb 24, 2023
If their trademark is registered, you can go to the USPTO’s search page here:
https://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4805:woa3i2.1.1
After you run a search for the mark, click on the trademark, then click the TSDR button on the upper left. Then scroll down... View More
...on city streets? Like to get the exterior and interior of different car but the features of the old car? I just don't want to be doing anything illegal. Thanks!
answered on Oct 30, 2022
A Massachusetts attorney could advise best, but your question remains open for a week. This is something that intellectual property attorneys would be most familiar with. There are high-end carmakers that vigorously pursue legal remedies against replicas of their six and seven-figure high-end cars... View More
Publication number: 20040002883
answered on Sep 14, 2022
If there's a new improvement to it that is patentable, there may be an opportunity for a new patent application. However resubmitting an old application as-is that's already published, with nothing more, generally won't work.
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I am a registered U.S. patent... View More
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