I am looking to add the phrase to clothing and promo items such as mugs, wall art, etc. Also, pay attention to how I utilize the lower case of "i am" and uppercase of "UNIQUE" as well. Not sure that matters.
Would this be permissible, or enfringe on the trademark?
answered on May 17, 2023
It would depend in part on what each seller is selling. The purpose of a trademark is to help consumers distinguish between sellers, so that consumers know the specific "source" of the products/services they're buying. Using a phrase that someone else is already using to sell... Read more »
I am looking to add the phrase to clothing and promo items such as mugs, wall art, etc. Also, pay attention to how I utilize the lower case of "i am" and uppercase of "UNIQUE" as well. Not sure that matters.
Would this be permissible, or enfringe on the trademark?
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answered on May 22, 2023
Using the phrase "i am UNIQUE" may still raise trademark concerns if "I Am Unique!" is a registered trademark. Trademark protection extends to similar phrases, even if there are slight variations in capitalization or formatting. It is important to conduct a comprehensive... Read more »
Some merchants are actually changing the hair in her pics or editing her face. It’s been stressful and humiliating and she’s lost hundreds of thousands in potential revenue.
answered on May 9, 2023
Whether your daughter might be able to win a lawsuit depends in part on who owns the copyrights to the images. Since she was modeling for someone else, it is likely that they own the copyrights. Therefore, they would have the right to allow others to use the images. She should start by speaking... Read more »
answered on Mar 23, 2023
It depends. Two people may be able to use the same trademark to each sell a different product or service, if doing so wouldn't confuse consumers. [EX: Delta Air Lines and Delta Faucet] However, unless and until a knowledgeable attorney assesses the likelihood of confusion (or lack thereof), it... Read more »
answered on Jan 30, 2023
Trademark registrations are cancelled in most instances due to the failure of its owner to file with the USPTO a statement of continuing use. These maintenance filings are due in the fifth year after registration and in the ninth year to renew for another ten year term.
Just because a... Read more »
answered on Oct 27, 2022
Artwork and typography are usually protected by copyright law. And brands (company names and logos) are protected through trademark law. The answer to your question should start with figuring out who owns the rights to the image or trademark that you want to use.
answered on Oct 16, 2022
I can only guess, based on information provided, that you mean trademarked logo and not patented logo. If this is the case, no you can not use trademark of someone else to create your own product. It could be copyright or trademark infringement. However for more complete answer you should seek a... Read more »
answered on Sep 22, 2022
Yes, this work should already be considered as in public domain as it was published in 1920.
I am preparing a manuscript for a commercially available book. I want to print url's of articles published on commercial sites to provide background reading for the reader. Are url's copyrighted? Can I use them without permission? Also, are the titles of such articles copyrighted? If... Read more »
answered on Aug 10, 2021
Good question. You should consult with an attorney on this.
A URL is like the title of a book or article, so it may fall under fair use.
Essentially I was promised the same type of equity the owner had as part of my total compensation. This is in writing through emails and recorded conversations. The owner was looking at an outside person for advice on many situations, whereby this outsider told me to take action contrary to the... Read more »
answered on Dec 6, 2020
It depends. The primary issue will be what does the written document say about the "equity" and the effect your termination has on it. You should consult with an employment attorney as soon as possible.
answered on Oct 22, 2020
Please consult an experienced IP attorney to full assess the particular rights of any company. A "FTO" or "Freedom to Operate" opinion is a very important and detailed analysis that should not be taken lightly. To get you started in the right direction, consult the Patent and... Read more »
Could I potentially register the copyright and own it, despite what I signed? No copyright claim was ever filed for this book
answered on Oct 22, 2020
This is impossible to answer without seeing the contract. If the other party had an obligation to register the copyrights, then perhaps. But it's more likely you already assigned away your rights to the book. Please have an IP attorney read your contract.
I have social media page with almost a million followers. I make collages of people to show how they can change. There another page reuploading everything from my page and putting it on his without giving credit. I have the persons permission in each post to use their pictures. Since I created... Read more »
answered on Sep 28, 2020
A copyright attorney would have to assess your specific situation and facts to determine your rights and potential options.
Assuming for the sake of discussion that you own the copyright in the pictures/collages, in order to file a federal copyright infringement lawsuit to seek an... Read more »
answered on Jul 27, 2020
You have rights but your damages depend on whether you registered the songs with the US Copyright office prior to their unauthorized publication. In any event, a cease and desist letter and demand for damages will Be your First course of action. If you would like assistance with this feel free to... Read more »
answered on Sep 9, 2019
try USPTO, it may be hard to navigate. Try also google patents.
It may give you a decent idea. You may need to pay an expert who knows how to navigate deeper the patent databases.
answered on May 4, 2019
It isn't clear what the question is, but if you're wondering what you should do as a result of experiencing back pain after an accident, a first step could be to contact an accident attorney in North Carolina. Many give free initial consultations. Based on how the accident took place and... Read more »
I'm rebranding my graphic design business in Raleigh, NC and I've found the perfect name. However, the name is similar to another company's name; the only difference is my new name has an additional letter in it to distinguish it from this other company. My company would be... Read more »
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answered on Sep 28, 2018
Your question can be answered a few ways:
Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long... Read more »
My photograph will only be viewed by the illustrator so they are able to create their own artwork based off the image and then sell their artwork, so I'm not sure if I would charge a licensing fee (and how to go about configuring that) or charge royalty fees. I'm having trouble... Read more »
answered on Mar 27, 2018
As the creator of the work, and therefore the owner of the copyright (assuming you have not otherwise transferred the copyright or made the work as a work-for-hire), you have the exclusive right, among other rights, to create derivative works. An illustrator who creates illustrations from your... Read more »
answered on Feb 22, 2018
Step 1 -- A person can sue for damages for infringement that are within the last six years before the suit was followed (unless some other special rule applies). See https://www.law.cornell.edu/uscode/text/35/286
Step 2 -- US Patent No 5,116,098 expired for failure to pay maintenance fees... Read more »
We are located in NC.
The name has already been registered and brand developed.
Will a trademark on the name, owned by myself or the LLC protect the LLC name?
Can each member give up the rights to take their name in the operating agreement?
answered on Sep 20, 2017
While I'm not exactly sure what the second part of your question is asking, a trademark filed with the USPTO will protect the LLC name if it is distinctive and unique, and that will apply nation-wide. Many local businesses don't opt for this level of protection if they only plan to... Read more »
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