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answered on Feb 6, 2017
You have to look at your provider agreements --all the stuff you signed saying "I accept" involved in the chain of your site.
Whether your internet is provided by Mozilla or Google or others they all have user agreements. Willing to bet buried in there may be something to prevent... View More 
answered on Feb 4, 2017
Possibly. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &... View More
I need legal advice. Was sent an email regarding a trademark titled "Skyes music LLC" who is trying to take legal action against me for using my legal name Moriah Skye to promote my music. They are asking that I immediately delete my Reverbnation, Facebook music page, and Instagram... View More
answered on Jan 30, 2017
Have a lawyer review the facts of your situation. This might be a scam. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,... View More
answered on Jan 30, 2017
I don't hear an immediate basis of confusion of the two, and I don't see anything particularly unique about the words "smart things". The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... View More
for example the trademark is first and last name and I want to leave only last name for the trademark ( use in commerce)
answered on Jan 28, 2017
You will file a new trademark application for the new name as used in commerce.
I am a U.S citizen trying to register trademark for logo in another country (China). That same logo is already registered trademark in U.S by U.S company, but NOT in China. As far as I know, trademark jurisdiction is domestic due to territoriality principle so U.S trademark law only governs U.S and... View More
answered on Jan 27, 2017
It sounds like you're trying to copy somebody else's creative efforts, which may not only be bad form but also potentially illegal depending on the copyright protections afforded this particular Intellectual Property. The best first step is an Initial Consultation with an Attorney. You... View More
I checked TESS now (yes I know a bit late) and it says "electronic publications" are included to trademark rights.
What I don´t understand is, is it just the logo "Pokemon Go" that I am not allowed to use or am I also not allowed to publish an ebook at all?
I do... View More
answered on Jan 27, 2017
You're not allowed to use any intellectual property rights without a license to do so, including a trademark, unless you fall within the fair use exceptions. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
answered on Jan 27, 2017
Applications for trademarks, and modifications thereof, should be made to the USPTO. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... View More
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answered on Jan 27, 2017
Sure you can, just watch out for a declaratory judgment action if you overstep anything.
How can I appeal the decision?
answered on Jan 26, 2017
It depends on who "they" is. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... View More
Hello, here you can see original item and my item: http://goo.gl/9t0jKP
I was selling my item on Amazon and in the message I received from Amazon they notified me about copyright infringement and removal of my item.
They said if I believe I didn't infringe on any copyrights I... View More
answered on Jan 24, 2017
You should get in touch with an IP attorney for legal assistance.
The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it... View More
answered on Jan 20, 2017
No, that would by itself not qualify for trademark; but it depends on the context, i.e., if it's being used with other words or symbols. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal... View More
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answered on Jan 9, 2017
The standard for trademark infringement is called "confusingly similar," meaning that a mark must be confusingly similar to an ordinary person in the marketplace for the goods. Here is a good discussion on the standard found in the wikipedia page for "confusing similarity"... View More
8 years later, I stepped away from my business to start a family. I've decided to return to the business but discovered someone else using the logo now. When I told them to cease and desist, they said they were entitled to keep it since they'd had it for several years and I had abandoned... View More
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answered on Dec 12, 2016
A TM can be deemed abandoned for non-use and failure to file post-registration mandatory filings to maintain it, however the logo may have been separately protect-able by copyright law which does not require subsequent filings to maintain. This sounds like a very intreresting case, right in the... View More
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answered on Nov 18, 2016
You can:
1) Get a license from the owner of the mark;
or
2) use the name in a way that is not confusingly similar / substantially similar to the one that's already registered (there are obvious risks in doing this);
Other than those you really can't. The... View More
One of my simpler designs consists of a single word (not a brand or anything) with a symbol at the end. A prominent clothing brand uses the same word on their tshirts but their font is different and they don't have a symbol. Is it fair game if mine is different? I looked in the trademark and... View More
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answered on Nov 4, 2016
Firs question is the identical word generic / commonplace? A company can trademark a word to identify the source of it's good and distinguish it, but it wouldn't be able to if the word is generic or commonplace. Another company can't use that identical word in the same industry or... View More
We are still a fully functioning company and want to know if someone can claim to be us as we had a trademark. Thank you.
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answered on Oct 31, 2016
Your trademark beginning date in the territory you operated at can probably be proven to have originated in 1984. The registration in 1997 created a presumption of ownership that is rebuttable. The analysis of your trademark rights would necessarily involve knowing the name of the mark, the... View More
We would like to use the idea of a new product in the German market to design and produce our own product for selling in the U.S. market. The product idea is actually a new application for an existing product.
Our product will be having a different design. We will register a new brandname.... View More
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answered on Oct 24, 2016
Very generally speaking... Ideas are not copyrightable, what is copyrightable are the expressions of ideas fixed in a tangible medium. Patents can product products which are an advancement of the useful arts, that may be more apropos here. You indicated that you have a new application and a... View More
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answered on Oct 14, 2016
eTEAS application through the USPTO (www.uspto.gov), happy to assist if you need any help with it, not everthing on the application is immediately obvious and they do have long term ramifications if you don't do it correctly.
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answered on Oct 10, 2016
Singular vs. Plural for one, but I'd need to know more context as to whether you can use it...
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