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New York Trademark Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Someone stole the intellectual property of my active business and they trademarked the name before me. Do I have a case?

I started a business with my business partner in 2019. We created a brand, a website, a logo, an email account, and social media accounts. We ran a profitable business until late 2021 (Covid) when we temporarily shut down. In the middle of all this, we created an LLC for this business.... View More

James L. Arrasmith
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answered on Aug 29, 2023

Based on the facts presented, you may have a valid claim for common law trademark rights given your prior use of the name and other identifying elements in commerce since 2019. Common law rights can sometimes take precedence over federally registered rights, especially if you can prove you were... View More

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2 Answers | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Can I use the term "baseball" in the name of a new product i created?
David Aldrich
David Aldrich
answered on Aug 22, 2023

It certain instances, it would depend on what type of product it is. There is nothing inherently wrong with using the term "baseball" in a product name. And if the product relates to baseballs, this is a generic term, so no one can stop you from using this term. However, it is possible... View More

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2 Answers | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Can I use the term "baseball" in the name of a new product i created?
James L. Arrasmith
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answered on Aug 29, 2023

The term "baseball" is a generic term that describes a well-known sport, so its use in the name of a new product would generally not infringe on anyone's specific trademark rights to that term alone. However, if your product is related to baseball, the name could be deemed... View More

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3 Answers | Asked in Trademark for New York on
Q: Is there a way to re- establish a trademark that I had but let run out at renewal or do I need to start over?

Currently, I checked and the history remains cancelled with no other application.

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 19, 2023

If your trademark was registered and then cancelled because the required renewal paperwork was not timely filed, then you will likely have to file a new application. There is a 2 month grace period after the cancellation notice is sent where you can attempt to revive the registration but after that... View More

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2 Answers | Asked in Business Law, Intellectual Property and Trademark for New York on
Q: Hi,I want to trademark a business name and the name is available but there are other businesses that use the name.

The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?

James L. Arrasmith
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answered on May 7, 2023

You can still proceed with trademarking the name as long as it meets the requirements for trademark registration, such as being distinctive and not causing confusion with existing trademarks in the same industry. However, keep in mind that if other businesses are already using the same name, they... View More

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2 Answers | Asked in Business Law, Intellectual Property and Trademark for New York on
Q: Hi,I want to trademark a business name and the name is available but there are other businesses that use the name.

The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?

Daniel Michael Luisi
Daniel Michael Luisi
answered on May 1, 2023

Trademark rights are created by use in commerce, not registration. Registration merely provides much stronger remedies for enforcement. You to need to clear your proposed mark through a common law search and a Lanham Act trademark-ability legal analysis unless you want to open yourself up to a... View More

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3 Answers | Asked in Business Law, Intellectual Property, Trademark and Copyright for New York on
Q: Can I use any sauropod image for my educational small business or non profit if Sinclair has a similar dinosaur image?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 5, 2023

You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion”... View More

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3 Answers | Asked in Business Law, Intellectual Property, Trademark and Copyright for New York on
Q: Can I use any sauropod image for my educational small business or non profit if Sinclair has a similar dinosaur image?
James L. Arrasmith
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answered on Apr 6, 2023

Using sauropod images for educational purposes in a small business or non-profit organization is generally allowed under fair use principles. However, if the sauropod image you plan to use is substantially similar to an image owned by Sinclair or another entity, you may be at risk of infringing on... View More

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5 Answers | Asked in Trademark and Intellectual Property for New York on
Q: I am working on launching my skincare brand but when it came time to trademark the name I realize that another company

That also sells skincare trademarked my brand name within their slogan. It is three words and the only difference in them is the words "of" & "and" ..would I be able to trademark my brand name?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 28, 2023

If you can show your brand was the first in the market for your products and related categories, you may be able to file a petition to cancel the other company’s trademark with USPTO, because federal trademark law grants legal ownership to the first to use the brand in commerce, not the first to... View More

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5 Answers | Asked in Trademark and Intellectual Property for New York on
Q: I am working on launching my skincare brand but when it came time to trademark the name I realize that another company

That also sells skincare trademarked my brand name within their slogan. It is three words and the only difference in them is the words "of" & "and" ..would I be able to trademark my brand name?

N'kia (NLN)
N'kia (NLN)
answered on Mar 30, 2023

A trademark that is "confusingly similar" to another one isn't eligible for registration in association with the same or related products/services. This is because the purpose of a trademark is to identify the "source" of specific products or services. In other words, a... View More

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4 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Hello, i would like to trademark the word Love& loyalty. Is that possible ?

I would like to Trademark the words love & loyalty I already have been using these on merchandise but I want to secure it.

N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

A trademark is something that identifies the "source" of specific products or services. Words or phrases that are only printed on the outside of an item are often considered "merely ornamental," which means that they fail to "function" as a trademark. Something that... View More

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4 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Hello, i would like to trademark the word Love& loyalty. Is that possible ?

I would like to Trademark the words love & loyalty I already have been using these on merchandise but I want to secure it.

James L. Arrasmith
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answered on Mar 15, 2023

Whether you can trademark the words "Love & Loyalty" will depend on a few factors, such as whether the words are distinctive and not already in use for similar goods or services. Here are some steps you can take to determine whether you can trademark the phrase:

Conduct a...
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3 Answers | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for New York on
Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.

A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 10, 2023

If you and him are business partners, one may thing that their interests are aligned. However, it may not be the case for ever. It is a good practice to have independent counsel. Thereafter, you can make an informed decision as to who should be in charge of the legal aspects of the registration of... View More

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3 Answers | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for New York on
Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.

A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... View More

James L. Arrasmith
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answered on Mar 10, 2023

It is possible for your colleague, as a lawyer and co-creator of the musical piece, to represent the music legally and handle the copyright registration. However, there could be potential conflicts of interest depending on the specific circumstances of your situation. It is important to discuss any... View More

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2 Answers | Asked in Intellectual Property, Internet Law and Trademark for New York on
Q: I have a question regarding cybersquatting/domain name sales

Hi We have a bundle of domains that are similar to a large corporation/org although the domain names are not trademarked (but are similar/in the same "family" to those that are) They had inquired about purchasing them -they do not like the price and are now suggesting its cybersquatting... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 7, 2023

I agree with Attorney Steve as to the issue of registration conflicting with a prior trademark owner’s rights. Yet, it is probably advisable for you to be proactive, not simply reactive. You should strongly consider filing USPTO trademark registrations for your domains in available product... View More

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2 Answers | Asked in Intellectual Property, Internet Law and Trademark for New York on
Q: I have a question regarding cybersquatting/domain name sales

Hi We have a bundle of domains that are similar to a large corporation/org although the domain names are not trademarked (but are similar/in the same "family" to those that are) They had inquired about purchasing them -they do not like the price and are now suggesting its cybersquatting... View More

Steve Charles Vondran
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answered on Feb 6, 2023

The legality of selling domain names that are the trademarks of other companies is a complex issue and one that has been the subject of much legal debate. In order to understand the law on this matter, it is necessary to look at both trademark law and domain name law.

Trademark law...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: In a YouTube video, can my nickname be Captain America or would it be copyrighted

Creating a YouTube channel in tourism for Latin Americans visiting USA. Would like to use the nickname Captain America

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 20, 2023

You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... View More

1 Answer | Asked in Patents (Intellectual Property) and Trademark for New York on
Q: If you have not received legal papers yet as a defendant in a case involving multiple defendants, what should you do?

I am asking on behalf of someone else. I believe this is a civil case and the defendant has only heard from a friend about the lawsuit who is also a defendant included in the case.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 14, 2023

Your friend should contact a patent litigation lawyer for advice. Not engaging in the lawsuit can have serious, permanent consequences as to the determination of your friend’s rights. It is possible that the process server took all required steps to serve your friend, filed affidavits of service,... View More

1 Answer | Asked in Trademark for New York on
Q: Looking for info on how a city trademarks its slogan. Is there a legal process for this? Ie NYC- City that never sleeps
Robert E. Wasserman
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Robert E. Wasserman
answered on Jan 13, 2023

Such commonly recognized slogans are challenging to register.

A USPTO examiner would very likely issue an office action refusal based on "failure to function as a trademark" because such common slogans are not distinctive and consumers would not clearly identify that a...
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1 Answer | Asked in Trademark for New York on
Q: Can you tell me if my trademarks are legally recognized
Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 13, 2023

What we can do, firstly, is evaluate whether you have a common law trademark that you are using as a brand in commercial channels, such as selling online. If so, you should explore ASAP the feasibility of a USPTO registration of your mark, as common law trademark rights are very limited and... View More

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