I worked at a haunted house and these are pictures and videos of my characters used on their website and social media.
answered on Mar 15, 2023
If you are no longer employed by the haunted house and you did not sign any agreement that allows them to use your image or likeness, you may be able to take action to stop them from using your pictures and videos. Here are some steps you can take:
Send a cease and desist letter: You can... Read more »
I have heard of things being taken down if you mention Jeep but If the item is specifically made for a certain year Jeep then how are you supposed to sell it?? The decals I sell do not use any of their protected logos but just fits certain years due to their shape and location.
answered on Mar 23, 2022
What you describe is known as "nominative fair use" of the trademark or brand, merely to refer to the brand and not to compete with the trademark owner.
Nominative fair use permits use of a trademark to refer to the trademark owner’s goods and services associated with the mark.... Read more »
I am looking at printing some political shirts for my business in the coming years. I am wondering what the rules are for using political slogans on products that are intended for sale? Thanks
answered on Sep 24, 2021
There are slogans, and there are slogans.
Even if the First Amendment protects free speech (slogans do fall under that), their purpose, content and meaning may be falling outside of the First Amendment protection if the slogan calls for violence, incites riots, unrests, or promotes open... Read more »
We customized the logo (colors, and words) and the other company just used the stock logo without customizing it from the free site and are trying to send us a letter in the mail from a lawyer saying we have two months to change our logo. We purchased it and have the rights to use for our business... Read more »
answered on Jul 21, 2020
Well, it depends. If this other company has registered a trademark for the logo for the same or similar goods or services that you are using your similar logo for, such that consumers would be confused between the logos, then you've got a problem. On the other hand, if the other company... Read more »
I'm the host of a paranormal radio show and I use a promotional poster to announce my guests each week. During a recent show, a woman from MA messaged me saying I was infringing on her trademark because the slogan for my radio show was similar to what she uses for her website and apparel,... Read more »
answered on Mar 22, 2020
She may have a trademark in that phrase, which is completely different than copyright. Your best best is to look up the phrase in the USPTO directory to see if it’s actually a registered mark.
For purposes of a trademark, there wo d be no difference of your use her use of “we are” vs... Read more »
The pictures would be taken by customers of their own cars and would likely have the vehicle logo visible, and below the picture there would perhaps be a name for the vehicle they choose or a phrase of their picking...
answered on Dec 30, 2019
Be careful on this
if it is on request of the owner of the car, and it is limited, you may be ok
you should definitely consult with an attorney before jumping in
need to know what can be done to help me on this situation...
answered on Dec 6, 2019
This happens, unfortunately, all the time.
If you have a patent on your invention, then go see a patent litigator to give you options on how to get some sort of licensing agreement of your patent in place, or to file a suit.
The 2 hits on google were Instagram accts; one created last month and the other 4/2017. I started mine late 2016 early 2017. One is a graphic designer who created a logo for a "client" but then this month after contacting me about same name, listed shirts for sale on his Instagram acct.... Read more »
answered on Jul 31, 2019
Respectfully, you seem to be seeking the assurance of an attorney that your proposed trademark is "safe" for purposes of a trademark registration application without actually hiring or paying for an attorney--and without disclosing what that proposed mark actually is.
You are not... Read more »
answered on Apr 22, 2019
Trademark registration does not allow one to sell in the marketplace. Just because a trademark is canceled does not mean that it's free for public use. There is an article on my website on this very topic.
Also, the design/logo includes words. So, if I change the words color and/or font does it still protect under the copyright/trademark law still? Even if I submit something to the copyright/trademark in black font and a specific font.
answered on Apr 18, 2019
Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and... Read more »
answered on Aug 19, 2018
When trademarking a name, the name may not cause confusion with another business . Currently, "The Date Bar" is a registered trademark for a fruit and nut business and therefore cannot be trademarked for a similar business. If you are attempting to trademark the name for a different type... Read more »
answered on Jun 13, 2018
A common reason Trademark registrations are denied is “Likelihood of Confusion” with an existing mark. The mark you have indicated would likely cause consumer confusion with the existing “Big Baller Brand.” By way of example, you would also have difficulty registering something like “And... Read more »
1) Students/teachers are 3D Printing items such as Mickey Mouse.
2) Students/teachers are using a plasma table to cut NFL/MLB logos, Harley Davidson logos and then sell to community.
answered on Feb 23, 2018
Generally, creating and selling branded items with someone else's trademark, like a professional sports team, is trademark infringement and is against the law. In most cases, making 3D printed objects is fine. If you are creating and selling copyright protected characters, you could run into... Read more »
Would this be okay?
answered on Feb 7, 2018
The pertinent question to ask when analyzing possible trademark infringement is whether or not there would be a reasonable likelihood of confusion between the two marks. So, ask yourself if leaving off the exclamation point would make it so a potential customer would not be confused that your... Read more »
I just started a business doing cases for mobile device, gaming consoles, tablets, etc. I just found out today a direct competitor has the same domain name as me but adds a few characters to the end of his URL. We are both ecommerce and both sell basically the same product. I know he does not have... Read more »
answered on Feb 6, 2018
You are not necessarily in the wrong here. The two marks may be distinguishable. Although, its difficult to say without knowing the exact names. It is also possible the other user may have surrendered its rights by not enforcing its mark. An attorney would need to know all the facts to make a... Read more »
A organization named NOMORE talks about spreading awareness about domestic violence. They also make shirts that they sell with the words NoMore on it. Can we still sell it and copyright NoMore?
answered on Oct 11, 2017
You may be able to register the trademark "NoMore" for clothing. It depends on how the other organization uses "NOMORE", whether it is registered as a trademark, and the goods associated with the hypothetical trademark registration. A trademark attorney can perform a trademark... Read more »
I am a proofreader and I am trying to determine if a trade name can appear in body copy/regular font with a circle-R. My understanding is that this is a "wordmark"? And that this is a different registration than the trademark within a LOGO.
answered on Sep 4, 2017
If a mark is designated as a "registered" mark, that means it is registered in the USA with the United States Patent & Trademark Office (USPTO) for goods (a "trademark") or for services (a "service mark"). Marks can take different forms, such as simply words;... Read more »
answered on Aug 29, 2017
It depends on what version (edition/translation) of the bible you're quoting.
The ancient versions of religious texts are almost certainly in the public domain, and freely usable. However, any quote you're likely to come across in the "print on demand" context is... Read more »
answered on Jul 31, 2017
The person who filed that trademark application filed it to use the "LVL" mark in conjunction with the sale of clothes. The trademark examiner reviewed the existing trademarks, and decided that selling clothing under the LVL mark would be confusing to consumers because of the existing... Read more »
i'd like to create a study guide app for a certification exam but am not sure if i need approval from the certification body to use it in the name / description...or if i can just disclaim that the app isn't associated with the certification body and i'd be clear?
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