Steve Charles Vondran Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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

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

Robert E. Wasserman Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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

If you had an application in progress to register the mark, and it was not completed, it cannot be revived.

Since you refer to both a "logo" and a "name", I infer that the mark had both a text component and a design component. It is possible to register just the text... View More

This question is for a trademark and copyright lawyer, as they are specially qualified and licensed to opine on it. However, generally speaking from my experience, if the use is not for profit or to promote you or your business, but rather, educational as a reference for your student, it does not... View More

If the design is a registered copyright, you may be able to find contact info within the US Copyright Office. If the design is a registered trademark, you may be able to find contact info within the US Patent and Trademark Office. If there's not any registration for the design you would need... View More

The slight difference in the marks is not significant, so either could claim infringement for use on similar goods, but the deciding factor in which one prevails over the other is which use was prior in time.

The action you are proposing can definitely make some harm and infringe someone else rights. I strongly advice you to seek IP professional attorney in your area so he can advice you more in-depth as there are more details needed to be provided from your side.

Thats a highly complicated question (questions) and you should definitely seek intellectual property lawyer to duly analyze the details of your case. There is no right answer here as it depends on further variables that you will need to provide in order to get qualified advice.

These types of questions are always very complex and fact-specific. And there are always many gray areas. Before any reasonable attorney can tell you whether they are willing to fight Google and Netflix on your behalf, there are MANY additional questions that will need to be asked and answered, and... View More

Dear Mrs or Mr,

in my opinion you have assessed your case good and from information you have provided it seems like the exhaustion of trademark rights should apply in this case and therefore no trademark infringement shall be involved. However to answer you with more certainty, I would need... View More

Dear Mr or Mrs,

this situation can be approached in several different ways, however I would need to know the differences between marks/names/segments first, to answer you. Sometimes you may think there is a difference in an indrustries of trademark owner and the other party but the reality... View More

Samuil Buschkin Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2022

A d/b/a (doing business as) is simply an alternative trade name for a business. Different states have registration requirements for DBA's. A trademark protection or copyright protection are an entirely different issue. There is a process underlying the registration of a trademark or a... View More

If you are referring to an active federal trademark registration, these changes can be made by updating the registration at the USPTO. Consult a qualified trademark attorney to assist you with this simple task.

I do not see a patent issue here. Your list of legal topics did not include trademarks which is most likely the form of intellectual property that you should consider. For purposes of providing an introduction to vocabulary and not as a source of legal advice -- you could start with... View More

The takedown was probably an assertion of trademark infringement, not copyright. (A tutorial on the difference is something you could get in a free consultation with an IP lawyer.)

If a prior user (owner) of a trademark (which could be a design of/on the goods) finds a confusingly similar... View More

It is MUCH better and usually a lot less expensive in the long run to do everything correctly from the beginning rather than trying to fix problems afterwards. Certain mistakes in trademark applications can never be fixed and some errors can be used by unscrupulous competitors to try to challenge... View More

About the same as hiring an experienced doctor vs paying $50 to a random quack. You may want to read this article about the potential negative consequences of trying to register a trademark on the cheap:... View More