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North Carolina Trademark Questions & Answers
1 Answer | Asked in Intellectual Property and Trademark for North Carolina on
Q: Can I use a theme from something that's trademarked if I'm using it in a completely different field/context?

I'm writing software that's named something similar to, but different from, "Jiffy" (the popcorn). I'd like to use an cartoon version of popcorn popping in a tin bubble for a stylistic effect as a logo. The software has nothing to do with food (popcorn or otherwise).... Read more »

Will Blackton
Will Blackton answered on Aug 10, 2017

The key question is: will this cause consumer confusion?

This is a question that can only be answered by a judge, but an attorney can assist you. I am not your attorney, and this incredibly fact-specific question would require careful examination of facts outside of what is contained in...
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1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: Do I need permission to use my image of someone else's product in my product? i.e.Image of a cymbal in my drum software
Will Blackton
Will Blackton answered on Mar 1, 2017

If you use an image of a cymbal, produced by someone else, in software you produce: Yes, you need their permission to use their image or you could face a copyright infringement action.

1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: Tho this band has "trademarked" their name.May I use the name for a business thats non musical/not inspired by them?

I'm looking to start a clothing/skateboarding company. I came up with the name of "Scythe" , or maby "Scythe Skateboards". But I looked online and found that there's a musical band called "SCYTHE", apparently they trademarked it like a year or 2 ago. But I in... Read more »

Will Blackton
Will Blackton answered on Feb 9, 2017

The success of a trademark infringement lawsuit depends on whether the defendant's use causes a likelihood of confusion in the average consumer.

The U.S. Patent Office explains on its website:

Generally, the court will consider evidence addressing various factors to determine...
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1 Answer | Asked in Copyright, Intellectual Property, Trademark and Entertainment / Sports for North Carolina on
Q: what is the process to trademark a name or logo
Will Blackton
Will Blackton answered on Feb 9, 2017

The process to trademark a name or logo, as well as other informational resources, can be found at:

1 Answer | Asked in Trademark for North Carolina on
Q: How many products can I put under one description, I.e. shirts, hats, coffee mugs, coasters, stickers, etc.

Trademark inquiry

Robert Jason De Groot
Robert Jason De Groot answered on Nov 5, 2015

For what reason? What are the facts? What is the context?

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