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I want to use the idea of a brand's logo on apparel that I plan to sell. I intend to change only the wording, not the design or brand elements. Is that legally permissible, and what potential issues should I be aware of?
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answered on Mar 7, 2025
Most likely if the logo is attractive, the company has established common law trade dress protection for its overall appearance. Just changing the words without changing the design could infringe on the trade dress rights and lead to a lawsuit.
I need legal help regarding a trainer who is writing a book falsely claiming personal experiences involving my son, James Edwards, using his full name and personal information without permission. The narrative is misleading, inaccurate, and hearsay, as the trainer was not involved in my son's... View More 
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answered on Mar 5, 2025
You may have legal grounds to prevent the unauthorized use of your son's name and personal information in the book. Potential legal actions include:
Cease and Desist Letter – Have an Attorney send a formal demand to stop using your son's name and personal details.... View More
I want to use "jellycat" as the name for a latte at my coffee shop in New York. However, I am aware that Jellycat is the name of a plush toy business. I have not yet marketed or advertised the latte under this name and am still in the planning phase. Can I use "jellycat" for my... View More
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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
I purchased a pixel art pack, and the license requires crediting the original artist while forbidding redistribution and resale of the assets, even if modified. I've created 3D voxel models based on these 2D sprites—transforming them from flat images into 3D objects, like boulders and walls... View More
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answered on Feb 24, 2025
Yes, the restriction on redistribution likely applies to your 3D voxel models because they are derivative works of the original 2D assets. Here’s a breakdown of the key legal considerations:
1. Understanding Derivative Works.
A derivative work is a creation that is based on or... View More
I plan to name my mobile game "Spriteventure," which hints at a retro, pixel-art style. "Sprite" refers to pixelated characters in the game and does not relate to the soda brand. I've found no existing use of "Spriteventure" on the internet. I plan to monetize the... View More
answered on Feb 21, 2025
Generally, you look at the similarity of the marks and the similarity of the goods. In this case, due to the distinctions between names and the goods, there is unlikely to any issue between the two specific marks you've identified. However, it's never possible to predict with certainty... View More
I am considering starting a "print on demand" business and would like to use a design inspired by a Heinz ketchup bottle. Specifically, I plan to use the shape of the original bottle and keep the shape of the white label. I may also include the green and yellow border on the label, but I... View More
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answered on Feb 19, 2025
This is likely to be a concern under "Trade Dress" law. Trade dress is really formally registered. It constitutes things like the shape of the bottle, the shape of the label, the green line around the label. You are seriously playing with fire if you intend to use Heinz Ketchup trade... View More
I am a retired Disney executive interested in writing a book about my experience in corporate alliances. I intend to include specific anecdotes related to Disney's corporate alliances but do not plan to use any Disney logos, trademarks, or copyrighted material. I haven't consulted any... View More
answered on Feb 17, 2025
It truly depends on what you specifically intend on writing about. However, the major things to be weary of is anything that could potentially be considered defamatory and anything that would be a trade secret that could interfere with their business. I would be very cautious.
For example (not a real example), if the pending trademark was 'Quite Right Stationery' would it prevent you using 'Quite Right' or 'Quite'?
answered on Feb 13, 2025
This would depend on the class your good or service is being registered and whether there would be a likelihood of confusion regarding your mark and the mark that is currently pending. If a mark shows pending, the application has been submitted and they are waiting on the trademark examining... View More
answered on Feb 13, 2025
You would have to conduct a USPTO trademark search to see if the words have already been registered by another business or individual. Then I would conduct a more comprehensive search with a trademark search company to see if another business/individual has registered the word phrase. If not,... View More
I recently created a sewing pattern for an outfit that fits a certain doll. The outfit is inspired by a Barbie outfit by Mattel. Someone reached out to me, warning that the outfit could be trademarked and I could be sued by Mattel. Is this true?
answered on Feb 13, 2025
Very rarely are clothing designs registered for a trademark or copyright. If the dress image is associated with the business, then it may be registered as a trademark for that business. Trademark registrations are available for images, characters, sound bites, and even certain Pantone colors that... View More
I have several ideas for clothing designs that would reference movies without using any images, quotes or characters from those movies, but I’m not sure if this is still copyright infringement. For example, I want to create a shirt that says “stay” and underneath has the morse code for that... View More
answered on Feb 13, 2025
To obtain a copyright, the created work must be of the owner's own original creative thought. Derivative works can be registered for a copyright if the work represents an original work of authorship. Basically, if the work that you create based off a previously registered copyright, the work... View More
We manufacture a towel for one of our customer in US and after manufacturing we both found out that it is patented under US patent no. 10,745,833. Now the patent states that fabric should be 50% cotton and 50% polyester. However, our product is 65% polyester and 35% cotton. However, other... View More
answered on Feb 15, 2025
I am so sorry that this is happening to your business. I have not reviewed the patent nor done any analysis on this, but just looking at the claims in view of your questions, here are a few comments that may be relevant.
(1) Manufacturing of fabrics has been around for millennia. There... View More
We manufacture a towel for one of our customer in US and after manufacturing we both found out that it is patented under US patent no. 10,745,833. Now the patent states that fabric should be 50% cotton and 50% polyester. However, our product is 65% polyester and 35% cotton. However, other... View More
answered on Feb 12, 2025
U.S patents cover importation (if your product infringes the patent, you cannot import them into the U.S. without being liable for infringement). This patent covers both fabric products and methods of manufacture. The specific coverage is defined in the claims, and each claim has a different scope.... View More
Previously this plant was only available as a cut flower via a limited number of licensed growers. But with the patent expiring on February 1st of this year, would home gardeners be able to propagate this plant for their home garden? What about for commercial use? Would you legally be able to... View More
answered on Feb 7, 2025
I have not studied the patent that you are referring to, but generally, once a patent expires, it is no longer enforceable. You can use anything claimed in the patent for any reason.
This is generally true even if you took a license from the patent owner previously, and you promised him... View More
answered on Feb 2, 2025
First, check to see if the patent has expired.
Second, search to see if anyone has registered an assignment at the USPTO and ensure your father did not sell it.
Third, start using the internet to see if anyone is selling a product or process that is covered by every element of the... View More
i have started Loom & Love a small indian clothing and resell insta account and registered llc for it. Should i be worried about the trademark ?
answered on Feb 2, 2025
When registering a trademark it is best practice to work with a trademark attorney to conduct a search and guide you through the trademark registration process. At first glance there are many dead registered marks for the words "Loom &Love." However, you must also search other common... View More
We manufacture roll up doors for fire/utility industry and want to make sure the name isn't trademarked for that use already.
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answered on Feb 1, 2025
Atty Altman noted the abandoned mark for ATLAS in class 6. It should be understood that an abandoned mark does not tell you for certain that the owner of the mark has stopped using it. It's just not registered any more. The owner still might be in business and selling the product under the... View More
We manufacture roll up doors for fire/utility industry and want to make sure the name isn't trademarked for that use already.
answered on Jan 31, 2025
In order to find out if The Atlas is taken you can conduct a trademark search on the USPTO. It is generally best to work with a Trademark Attorney to assist with whether a mark is available as well as the Trademark Process. From a quick look at the USPTO the words"The Atlas" are used as a... View More
I'm a streamer playing Minecraft, Fortnite, etc. and know not to use the actual audio of a song (unless it's copyright free or old enough, etc.), but I'm not sure if I can just sing a pop song by someone famous without potentially getting into legal trouble... YouTube hasn't... View More
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answered on Jan 25, 2025
If you are seeking to use the captions from a YouTube video as your own lyrics, this may be considered copyright infringement if you are not using the captions for a different purpose, such as for education or commentary purposes in Fair Use.
Captions to a YouTube video are justified for... View More
answered on Jan 22, 2025
The Process of Obtaining a Patent
1. Determine Patentability: Assess whether your invention is eligible for a patent. The invention must be: Novel – New and not publicly disclosed. Non-Obvious – Not an obvious improvement to someone skilled in the field. Useful – Functional and has... View More
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