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Kentucky Trademark Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: Do quotes that become meme famous fall under copyright or trademark?

What would these quotes be protected by?

You shall not pass from the Lord of the rings

If if is good from Hercules Disney

Surprise mf from Dexter

Not really relevant but is Bane back-breaking move copyrighted?

James L. Arrasmith
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answered on May 18, 2024

Quotes from movies and TV shows are generally protected by copyright rather than trademark law. Copyright protects original creative works, including the screenplay or script that the quote comes from. The copyright for a movie or TV show is typically owned by the studio or production company... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Kentucky on
Q: Do trademark prevent people from mentioning their brand at all in a story?

For example

If someone wrote a story, would he be in trouble if he wrote

Lorraine cherish her chevrolet silverado she got from her late father. As well as her Gameboy from her departed sister. The old xbox, which was a trade for a psp, she got from her cousin no longer works but... View More

James L. Arrasmith
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answered on Apr 18, 2024

In general, simply mentioning trademarked brands in a story would not be considered a violation of trademark law. Trademarks are designed to protect brands from being used by others in a way that could confuse consumers about the source of a product or service. However, when a trademarked name is... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: Can titles be both copyright and trademark?

Haley album titled called "if I can't have love, I want power " would this title be ok to mention as just words and not at all the songs in a published story or is it to unique and falls under copyright?

Also why are titles typically not copyrighted?

James L. Arrasmith
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answered on Jan 15, 2024

Good morning,

Yes, titles can potentially be protected by both copyright and trademark law, though the specifics matter in determining the scope of protection. Here are a few key points:

- Copyright - Titles themselves are generally not copyrightable, because short phrases and names...
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2 Answers | Asked in Business Law, Copyright, Intellectual Property and Trademark for Kentucky on
Q: Can I put game logos, images, and/or names on my business sign to indicate that those games are available?

Can they be a part of my own business logo?

James L. Arrasmith
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answered on Jan 5, 2024

Using game logos, images, or names of other companies or products on your business sign or as part of your business logo can be problematic from a legal standpoint. These elements are typically protected by copyright and trademark laws, and using them without permission could constitute... View More

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2 Answers | Asked in Business Law, Copyright, Intellectual Property and Trademark for Kentucky on
Q: Can I put game logos, images, and/or names on my business sign to indicate that those games are available?

Can they be a part of my own business logo?

T. Augustus Claus
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answered on Jan 2, 2024

Using game logos, images, and names on your business sign or as part of your business logo may raise intellectual property and trademark issues. The logos, images, and names associated with games are often protected by intellectual property laws, and using them without permission from the... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: Can I use trademarks names from superheroes in my story? Are some trending phrases/saying under copyright?

I saw games and Mangas use the code name "Red hood" and device a totally different character from DC red hood. Could I do the same if I want to use "just" the names of character like Doomsday, Nighthawk,Hawkeye, or winter soldier. And not their features and characteristics.... View More

James L. Arrasmith
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answered on Dec 11, 2023

Using trademarked superhero names in your own story can be legally risky, especially if those names are well-known and closely associated with specific characters from major comic book publishers like DC or Marvel. Trademarks are designed to protect brand identity and prevent consumer confusion. If... View More

1 Answer | Asked in Trademark for Kentucky on
Q: Please Help, Trademarking My Companies Logo With Fees and Cost For Start up I Don’t Have at the moment.

Record Label logo needing to be Trademarked.

Erik Špila
Erik Špila
answered on Sep 27, 2022

Dear Mrs or Mr,

there are many initiatives, such as one in EU for instance, which offer co-financing for SMEs (startups including) and this one can covers you up to 75% of your office fees. You can check out more details by clicking on the link bellow, and if you need trademark attorney in...
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2 Answers | Asked in Trademark for Kentucky on
Q: Hello, if the I have a company Care On Time would that infringe on a trademark for a company called Care on your time

The the LLC. That I would like to form by the with the name of Care On Time Heathcare Staffing is in the state of Kentucky,and the company with the name of Care on Your Time is located in Florida and the name is Trademarked..I would like to know if the name of my company would infringe on their... View More

Linda Liang
Linda Liang
answered on Oct 22, 2021

Trademark is a federal matter. There is no state boundary of use. If your profession is close to the other company's profession and you use the name to market your service, yet, you would be infringing upon the Florida company's trademark. To know how you can avoid, you should for sure... View More

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1 Answer | Asked in Trademark for Kentucky on
Q: We received a cease & desist concerning our business name as another firm has a similar name.They only gave 2 days notic

Our business name was registered with the state of KY and we have the LLC.

Drew Chalfant
Drew Chalfant
answered on Mar 9, 2021

You should have an attorney look into this. Sometimes the opposing side is right, sometimes they are just trying to intimidate you.

2 Answers | Asked in Trademark for Kentucky on
Q: How do I find out if a name is already trademarked ? I am starting a candle making business.
Evelyn Suero
Evelyn Suero
answered on Oct 16, 2020

You can search the USPTO for registered trademarks, however this will not reveal whether there are businesses using the trademark in a similar class/category that may not have registered the trademark with the USPTO. These trademarks may also have common law rights against infringement. Work with a... View More

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1 Answer | Asked in Trademark for Kentucky on
Q: Can you establish an LLC while you have a pending sole proprietor trademark application for the same business?
William Scott Goldman
William Scott Goldman
answered on Jul 17, 2020

Yes, indeed! Both are completely separate and have no connection in this context. However, you may want to eventually assign the trademark registration from the individual owner to the LLC. If you have any further questions, please feel free to call or email.

1 Answer | Asked in Copyright and Trademark for Kentucky on
Q: HOW DO I GO ABOUT BUYING AN OLD TRADEMARKED BRAND LOGO OR RIGHTS TO IT?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 6, 2019

If it is still in use and with valid registration you can contact the person who holds the registration.

You have the challenge of what the value.

If the trademark is not registered, you may have other options.

Consult an attorney and let me know if I can help.

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Kentucky on
Q: If the use of "Starving Artist" is displayed differently such as using it on a logo does that still mean its protected?
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 19, 2018

It depends on what is trademarked. It could be the logo, it could be the stylized lettering, or it could be the text itself. You, or your trademark lawyer, should be able to find out upon examining the Trademark Office files.

1 Answer | Asked in Trademark for Kentucky on
Q: Hi. I am looking at the trademark OTHELLO. I was wondering if the trademark applies only to the stylized word "OTHELLO".

could I use the work Othello, instead? (Only the O would be capital, while the rest would be lower case).

Michael Gerity
Michael Gerity
answered on Sep 7, 2017

There are at least ten live trademark registrations for the mark OTHELLO as used with a variety of goods and/or services. At least a few of those are for the word itself, without any stylizing. In any event, the real question you need to address would be whether or not there is a reasonable... View More

1 Answer | Asked in Trademark for Kentucky on
Q: As a 16 yr old in ky, what right do I have after being pulled over by an officer?
E. Seth Combs
E. Seth Combs
answered on Dec 2, 2014

This is a broad question and could be better answered with some more facts. As a general rule, since you are a minor and presumably driving on a valid "learner's permit," you are subject to stricter requirements in some areas. For example, Kentucky uses a "points system"... View More

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