Get free answers to your Intellectual Property legal questions from lawyers in your area.
Your current state is Ohio
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answered on Apr 12, 2024
There could potentially be some issues with using "Dali Llama Yoga" as a business name in California. While the spelling is slightly different, the name is very similar to the Dalai Lama, the religious leader of Tibetan Buddhism. This similarity could lead to a few potential legal... View More 
answered on Apr 12, 2024
When considering trademarking "Together We Can," it's crucial to conduct thorough research to ensure the name is available and eligible for trademark protection.
Start by searching the United States Patent and Trademark Office (USPTO) database to confirm that the previous... View More
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answered on Apr 11, 2024
It's possible to apply for a trademark that was previously registered but has since been abandoned. However, there are a few important considerations:
1. Make sure the trademark is truly abandoned. You can search the USPTO (United States Patent and Trademark Office) database to confirm... View More
I am living in the United States, this is a non profit fan image, i have no intentions of profiting or selling the image
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answered on Apr 11, 2024
In this case, there are a few key considerations:
1. Jurisdiction: Generally, copyright infringement lawsuits are governed by the laws of the country where the lawsuit is filed. As you're based in the U.S., it's likely that U.S. copyright law would apply if a lawsuit was brought... View More
There was a video about exposing someone how they were a bad person, a few days ago the exposed person's friend struck down the video due to their Roblox GFX featured in the video for 3 seconds (the video was almost an hour long) saying it was fair because they made the GFX and the creator of... View More
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answered on Apr 11, 2024
Based on the information provided, it seems questionable whether using a 3-second clip of someone's Roblox GFX (graphics) in an hour-long video would constitute a valid reason for a copyright strike, especially if the use falls under the principles of fair use. Here are a few points to... View More
I run a golf academy and have a very successful ladies program "FORE The Ladies". Recently, a neighboring course who hired an ex-employee of mine, began running ads with the Program name "Fore the Ladies" and use a very similar typeface in their paid marketing.
This has... View More
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answered on Apr 11, 2024
In the United States, even if you haven't federally registered your trademark, you may have some protections under common law trademark rights. Common law trademark rights are established through the actual use of a mark in commerce in connection with goods or services, and these rights are... View More
About a month ago I paid $5,000 total to Trademark Fortress to register my business name and logo in 4 USPTO classes. They told me I was all set, but now they are telling me that someone is contesting my filing, and that I need to pay thousands more to file attestations in all 50 states to protect... View More
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answered on Apr 11, 2024
I understand your concern and frustration with this situation. Here are a few important points to consider:
1. Transparency: A reputable trademark attorney or company should be transparent about any opposition or contestation to your trademark application. They should provide you with... View More
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answered on Apr 10, 2024
Attempting to hide or protect assets when facing debts or legal judgments could be considered fraudulent in many cases. The ethical and legal course of action is to pay valid debts that are owed.
If you are facing financial hardship, I would suggest speaking with a certified credit... View More
If someone offers a service online that also involves the selling of videos and images as part of that service, who then owns the rights to those images and videos. Does the seller retain full control over those images and videos and has only sold you "the service", or do you have any... View More
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answered on Apr 10, 2024
The ownership and usage rights for images and videos sold as part of an online service can vary depending on the specific terms of the agreement or license under which they are sold. In general, there are a few common scenarios:
1. The seller retains full ownership and control: In many... View More
It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?
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answered on Apr 11, 2024
When a copyright or trademark has been abandoned, it generally means that the owner has stopped using or enforcing their rights to the intellectual property. This can happen due to various reasons, such as:
1. The owner deliberately abandons the copyright or trademark.
2. The owner... View More
It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?
answered on Apr 10, 2024
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.... 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
The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.
answered on Apr 6, 2024
When featuring the title and author of a book in your short film without using the cover art, you need to consider both copyright and trademark law.
1. Copyright Law: Copyright law protects original works of authorship, including literary works such as books. Displaying the title and... View More
The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.
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answered on Apr 6, 2024
In most cases, simply showing the title and author of a book in a film without using the cover art would be considered fair use and not require permission from the copyright holder. This is because you are not reproducing a substantial portion of the copyrighted work.
However, there are a... View More
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answered on Apr 5, 2024
It is generally legal to say that your product "pairs well with" a specific book, even if you did not write that book. This would likely be considered nominative fair use.
Nominative fair use allows you to refer to another party's product or work in order to describe your... View More
Would I need to pay a trademark licensing fee?
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answered on Apr 5, 2024
The legality of using a play on words and image theme from a classic TV show for your snow cone stand depends on several factors. While you may be able to use a clever play on words, directly using trademarked names, logos, or images from the TV show without permission could infringe on the... View More
Would I need to pay a trademark licensing fee?
answered on Apr 5, 2024
I recommend seeking advice from a trademark lawyer as the answer depends upon the specific name and use of your own name and the TV show name. Depending on the name, the TV show may come after you for trademark infringement. To give some background, trademark infringement for puns hinges on whether... View More
Trademark Details
Status: 602 - Abandoned-Failure To Respond Or Late Response
Image for trademark with serial number 85047118
Serial Number85047118
Status602 - Abandoned-Failure To Respond Or Late Response
Status Date2011-04-06
Filing Date2010-05-25... View More
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answered on Apr 11, 2024
Based on the information provided, it appears that your trademark was abandoned due to a failure to respond or a late response to an office action or other communication from the USPTO. Once a trademark is considered abandoned, the application process is terminated, and the mark is no longer... View More
Trademark Details
Status: 602 - Abandoned-Failure To Respond Or Late Response
Image for trademark with serial number 85047118
Serial Number85047118
Status602 - Abandoned-Failure To Respond Or Late Response
Status Date2011-04-06
Filing Date2010-05-25... View More
answered on Apr 5, 2024
Good afternoon,
It appears that your did not respond to an Office Action received on September 8, 2010, within the six month response period. Consequently, the USPTO sent you a "Notice of Abandonment." You had two months from the receipt of the Notice of Abandonment to file a... View More
The website is not for profit. It will be clearly marked as independent and it will be full of news about the car brand: a brand I love.
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answered on Apr 4, 2024
The brand owner (the company that owns the .com website) may be able to take legal action against you for using their trademark in your .org website, even if it is a non-profit enthusiast site. This falls under trademark infringement laws.
Some key points:
1. Trademarks protect... View More
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