If you have a trade license for "Business Journal" for a country outside of the United States, it does not apply to within the United States. That name is already registered to a nationwide entity doing business on business. You can make your website available unblocked on the internet,... View More

Registering a trademark for "The Maytals" in connection with performing and recording would might face significant legal obstacles, if there are other trademarks including the word "Maytals".

Even if trademark names are not identical, the USPTO examining attorney will... View More

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

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

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

Samuil Buschkin Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1. Using Referenced Images for Commentary or Analysis

Including the original reference images alongside your ex-partner’s artwork for the purpose of commentary, critique, or scholarship can potentially fall under Fair Use, especially if:

The inclusion transforms the original... View More

That's a great question, and I think that you should be on pretty safe ground because your use is transformative: it is designed to shine a light into your partner's creative process, which is quite different from the original purposes for which the reference images were created. I would... View More

Alan Harrison Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2025

Someone would need to search for the proposed name internationally in order to guess at an answer to this question. If it turns out that no one else already is using the name, then you could file a trademark application in Ghana and follow up with "Madrid" applications in other countries... View More

Trademark rights are generally territorial, meaning they're valid within specific countries or regions. So, a lack of registration in Ghana doesn't guarantee freedom elsewhere. It is possible that the name "Bloom Beauty Bar" is already registered within other countries.... View More

Babak Akhlaghi Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

That is a great question. To safeguard your idea and address potential concerns about existing patents, you can pursue two types of searches:

1. Patentability Search: This search assesses whether your idea is patentable by determining if it is new and non-obvious compared to existing prior... View More

Alan Harrison Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

It is extremely unlikely that you may be able to obtain a patent on a "business idea for services" under the current state of the law regarding patent protection. This sounds like the kind of "101-ineligible" invention that has been trounced by Supreme Court decisions like... View More

Emmanuel Coffy Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2025

You may face trademark issues using "Jellycat" for your latte. Jellycat is a well-known brand specializing in plush toys, and they likely have trademark protection for their name. Even though your use is for a coffee drink, if Jellycat holds a broad trademark or has protection in related... View More

Shefali Lakhani Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2025

Yes, it's possible to trademark a phrase for use in an unrelated field, even if it's already trademarked in other fields. If your trademark does not create a 'likelihood of confusion' with the existing trademarks in the minds of consumers, you may be able to register it for your... View More

Sarah Teresa Haddad Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2024

You would need to have evidence that you are the author of the song and make a claim of copyright infringement. If it is the same song that has already been registered, this would be the correct course of action to seek primary relief.

You can still try to register your song at the US... View More

I’m sorry you’re dealing with this frustrating situation - very unprofessional indeed! I suggest creating a paper trail by compiling a file containing all relevant documentation such as invoices, the contract (if any) and any correspondence including emails with attachments, letters and... View More

I assume that your images are on Shein's website.

So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes... View More

Sarah Teresa Haddad Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024

In the Second Circuit (where New York State sits) if you get access to the models and use them, the first consideration is if the models are in fact original expressions of an idea (not the idea itself) and are considered copyrightable. If you are right in your question, and the models do... View More

Alan Harrison Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2024

Sorry, it's not that simple. At least under the Second Circuit, which is where New York sits, infringing derivative works can also be independently worthy of copyright. "Our Court concluded that Eden could state a cause of action for infringement of its own derivative works and licensed... View More

Sarah Teresa Haddad Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024

If the trademark is already registered by a third party for a similar industry as yours, then the question is one of priority of use. Whoever can show that they used the trademark first in commerce in that particular industry, would have priority to its ownership.

The Cease-and-Desist... View More