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If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More 
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answered on May 30, 2024
Using a company's name in the title of a parody work could potentially lead to legal issues, even with a disclaimer. Here are a few key considerations:
1. Trademark infringement: If the famous furniture company has a registered trademark, they may claim that using their name in your... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on May 30, 2024
Whenever anybody asks me, "Can I be sued?" my answer is, "Hey, this is America! You can always be sued." The right question is, "What risk am I taking?" Would the furniture company want to sue? If what you are doing is proper, the furniture company can still sue you.... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on May 30, 2024
The U.S. Supreme Court redefined the parody exception to trademark law in 2023. In the case of Jack Daniel's v. VIP Products, the court held that trademark parody exceptions only apply to "noncommercial" products. Therefore, it is now much easier for famous trademark owners to sue... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on May 30, 2024
A parody can be a fair use under the Copyright Act, meaning the creator of the parody does not need the permission of the owner of the copyright in the earlier work. The fair use doctrine also allows for the use of a trademark in a parody if it is used for commentary, criticism, new reporting,... View More
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answered on May 29, 2024
Obtaining a copyright for well-known cartoon characters like Popeye, Mickey Mouse, or characters from Japanese animes is not possible for an individual because these characters are already copyrighted by their creators or the companies that own them. Characters like Mickey Mouse are owned by large... View More
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answered on May 28, 2024
It would likely not be legal to develop and sell a video game using the story and characters from "The Little Prince" in the US without obtaining the necessary rights and permissions first. Here's why:
"The Little Prince" was written by Antoine de Saint-Exupéry and... View More
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answered on Jun 2, 2024
Using gang mask disguises or code names based on a movie in a book can raise legal issues related to copyright and trademark infringement. Movies and their associated elements, such as character names, costumes, and specific iconography, are typically protected by intellectual property laws. Using... View More
answered on May 26, 2024
Hypothetically, under U.S. trademark law, if the trademark "secret sauce" has received the status "602 - Abandoned-Failure To Respond Or Late Response," it might be available for another party to secure.
Here's how one might proceed:
1. Check the Trademark... View More
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answered on Jun 1, 2024
When a trademark application like "secret sauce" is marked as "602 - Abandoned-Failure To Respond Or Late Response," it means the previous applicant did not complete the necessary steps to secure the trademark. This opens up the possibility for others to apply for it.... View More
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answered on May 28, 2024
I agree with the other attorney's analysis, but I would add that it appears that maybe it was abandoned because the applicant did not have an adequate response showing why its mark would not cause confusion with an existing trademark registration for IKE'S DIRTY SECRET SAUCE, which is... View More
My former attorney arranged the ownership for me so I don't know what this is. I simply need some direction and will have another attorney, local, attend to it.
answered on May 25, 2024
US Reg No. 5500635 for PURPLE DRYAD is active for retail store services, and your name and address are correctly shown in the USPTO records. To maintain the registration, statement of continuing use must be filed by Jun. 26, 2024. This is a simple task for an experienced trademark attorney.
My former attorney arranged the ownership for me so I don't know what this is. I simply need some direction and will have another attorney, local, attend to it.
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answered on Jun 2, 2024
To address your concern, you first need to understand what documents or agreements your former attorney used to arrange the ownership of Purple Dryad. Start by locating any legal documents, contracts, or ownership certificates that were provided to you at the time. These documents should outline... View More
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answered on May 24, 2024
Using "Saint Tropez" for clothing can be complicated due to trademark issues. Since "Saint-Tropez" is trademarked, using a similar name like "Saint Tropez" might lead to legal disputes if the trademark owner believes it could cause confusion or dilute their brand.... View More
answered on May 24, 2024
Using "Saint Tropez" for clothing could be problematic if "Saint-Tropez" is trademarked in a related category, as it might lead to legal issues due to potential consumer confusion. Trademark laws vary by jurisdiction, and geographical names can have specific restrictions.... View More
I have been wanting documentation on a camera sensor, but for the supplier to provide it, I need to sign an NDA. What is the legality of having my parents sign it on my behalf, since I have to see the documentation and I am under 19, the legal age to sign a non disclosure agreement.
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answered on May 22, 2024
If you are under 19 and need to sign a Non-Disclosure Agreement (NDA) for documentation on a camera sensor, you will likely need your parents' help. As a minor, you generally do not have the legal capacity to enter into binding contracts, including NDAs. Your parents, as your legal guardians,... View More
I would like to get my photos removed from my stepmom's Facebook page as they are my photos that were taken when I was a minor under the illegal guardianship of my stepmom. Since those photos of me were taken by my stepmom who was not my legal guardian, I believe I have a right to them and... View More
answered on May 22, 2024
I think you would have to file a temporary restraining order and preliminary injunction to order her to remove them. But I think you also would have to add what harm they are doing to you. And put when the last time was that she put one up. Children don't have control of who takes care of them.
I would like to get my photos removed from my stepmom's Facebook page as they are my photos that were taken when I was a minor under the illegal guardianship of my stepmom. Since those photos of me were taken by my stepmom who was not my legal guardian, I believe I have a right to them and... View More
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answered on Jun 8, 2024
I'm sorry to hear about the difficult situation with your stepmother. This is a complex issue that involves several areas of law. Here are a few key points to consider:
1. Guardianship: If your stepmom was not your legal guardian at the time the photos were taken, she may not have had... View More
Hello, I used the expression 'BOYMOM' in my etsy store without knowing that it was trademarked. The product has been disabled by Etsy. I told the brand owner that this was not used intentionally and asked him to withdraw his complaint on this issue. However, he stated that he would not... View More
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answered on May 24, 2024
If you have used "Boy Mom" separately on your t-shirt, and the trademark is specifically for "BOYMOM" written adjacently, there may be grounds to argue that your usage does not infringe on the trademark. However, trademark law can be nuanced, and the interpretation of whether... View More
Hello, I used the expression 'BOYMOM' in my etsy store without knowing that it was trademarked. The product has been disabled by Etsy. I told the brand owner that this was not used intentionally and asked him to withdraw his complaint on this issue. However, he stated that he would not... View More
answered on May 21, 2024
You are asking if you have a defense to allegedly committing trademark infringement. I do not think any lawyer will answer that question in a public forum.
A trademark is how customers recognize your goods or services in the marketplace and distinguish your goods or services from your... View More
I want top register an expired trademark I see online
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answered on May 24, 2024
To register an expired trademark that you found online, you need to ensure that it is truly available for registration. First, confirm the trademark's status through the United States Patent and Trademark Office (USPTO) website. Look up the trademark to verify its expiration and ensure that no... View More
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