Mark Oakley's answer As long as you are not creating written or media pieces (film) with the name as a title (assuming the name is unique and identical to the TV show) then there is probably neither copyright nor trademark infringement. But without reviewing the specific title and nature of your business it is impossible to be more specific, so meet with an intellectual property lawyer to be sure. The fact that you “came up with” the name 10 years ago but never used it does not help you.
Mark Oakley's answer Almost certainly your use violates their trademark, and the penalties for exploiting their trademark for commercial gain to sell your product are severe (you not only pay all of their attorney's fees, but penalties and forfeiture of all profits earned as a result). Kellogg's will hire very expensive and aggressive lawyers. Consult a trademark lawyer going forward so you can understand what you can and cannot do exploiting other trademarked brands. Generally, you must obtain permission (a...
Cedulie Renee Laumann's answer Many government websites make information readily available for search but have a disclaimer that the information cannot be harvested by an auto-bot, software programs, etc. Harvesting an entire database is probably not going to fly, but without knowing what database you are trying to access, one cannot realistically answer the question. More than likely the agency maintaining the website can answer the question.
Kevin E. Flynn's answer If you are seeking to file a patent application to claim something in a provisional application by some other inventor -- that does not work as you need to be the original inventor. You cannot file a patent application on a good idea that someone else had -- even if they did not seek to claim that invention in a later patent application.
If you filed a provisional application A and then filed a non-provisional application B before A expired and you want to claim material that was in...
Kevin E. Flynn's answer You need to get connected with an attorney that has been down this road many times before. You will need a non-disclosure/non-use agreement that is used with folks that are given access to your design.
To the extent that you work with vendors to improve your design, the paperwork needs to be clear that their improvements flow to you without additional compensation as you are already paying them to be smart.
Each state has an organization that helps small businesses that is...
Kevin E. Flynn's answer There is not really an international patent. There is a process to file a patent application which serves as the front end for the patent application systems for 152 countries or regions http://www.wipo.int/pct/en/pct_contracting_states.html. This is a Patent Cooperation Treaty Application (PCT). People sometimes call this an international patent but that is not accurate.
You can file a utility application here in the US and then file your PCT application within 12 months of that...
1) It is extremely rare that someone submits a patent application for the first x (first transistor, first airplane, first telephone). We remember those folks as they are few and far between. Most patent applications are filed on improvements.
2) When you are the first to file a patent on X-- then you tend to get broader protection and have a stronger patent than someone filing the 100th patent on an improvement to X....
Benton R Patterson III's answer It usually refers to additional owners other than the first named owner. For example, if a property was owned jointly by Abe, Bill, and Charles, the bill may say Abe, et al.
Griffin Klema's answer First things first: register your copyright with the U.S. Copyright Office. The filing fee is small ($30). An attorney can help you with that process, and it's important to ensure that the registration is properly filed.
You may also want to try trademarking the slogan. Filing an application to register the trademark with the U.S. Patent and Trademark office is a bit more expensive ($225 filing fee for a TEAS Plus online application). Again, consider getting some assistance from a...
Cedulie Renee Laumann's answer This online forum exists for general questions, not so much for attorneys to research a particular question. That being said, to see if a particular name is available one can contact the State Department of Assessments and Taxation. Even if a name is available per the Maryland SDAT, a business owner needs to make sure that names and logos it uses do not violate any existing copyright, trademark or tradename and that they are not "misleadingly similar" to an existing name / logo.
Mr. Ilya Libenzon's answer It really depends on the facts of the case. I would recommend consulting an intellectual property attorney to assess whether it is better to settle or proceed with the litigation.
In order to show that a trademark used by the defendant was a "counterfeit mark" the government must prove the following:
The mark is spurious. 18 U.S.C. § 2320(d)(1)(a). A mark is "spurious" if it is "not genuine or authentic." Joint Statement on Trademark Counterfeiting Legislation, 130 Cong. Rec. H12076, H12078 (daily ed. Oct. 10, 1984)(hereinafter "Joint Statement").
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