This may be a complex question, but I am trying to figure out the right way to ask.
Lets say I legally research & purchase a dead trademark and/or copyright today. Pretend it is an old obsolete cereal & the purchased logo & word is (Dazzlecorn).
Now I want the domain... Read more »
A trademark registration might have expired or been cancelled, but the owner might still have valid rights in the mark unless the owner has "abandoned" the mark. If another person begins using it, the owner can claim infringement. Whether the mark was abandoned would be determined by... Read more »
If the previous owner is not still using the mark (a mark does not have to be federally registered to stop your registration), or if the trademark was not abandoned due to opposition by a 3rd party (who may turn around and oppose your use), or if no one is currently trying to register the mark (the... Read more »
Can I get in trouble for selling them.
Very possible.
Reselling a product with another person's brand for commercial purposes can be infringing.
Consult with an attorney.
Trademarks do not pass into "common use" unless the owner has stopped using the trademark and abandoned it with no intent to resume. A trademark registration is not required to have rights in a trademark, and even if a registration expires, the trademark owner retains rights in the mark... Read more »
You should consult with an attorney for a search and assesment of your risks.
In most cases your brand is the only asset your business has.
Protect it.
Edited details. Didn't know it was shown on public forum.
You can reach out to a trademark lawyer on this site or search for one on another site. I would be more than happy to give you a quote for trademark registration services.
Not necessarily. A trademark that is shown as being abandoned on the Trademark Office's website can still theoretically be used by the owner. Consult a trademark attorney to do a proper trademark search and give you an opinion on moving forward.
What can I do to protect my work from others trying to reduplicate it without my permission ?
Copyright protects original works of authorship. In cases of original works, copyright registration would provide notice to others that your work is protected by copyright and that you are the copyright owner.
If I trademarked a word like Spider-Man (Which is trademarked to Marvel, just using it as an example), will that also trademark the name Spiderman, Spider Man, or any other variation of. Thanks!
Trademark infringement is based on – at least partially because there is more than one factor -- the similarity of the marks – where the marks do not need to be exactly the same to be considered similar. This can be sound alike or look alike – and other elements of similarity.
This... Read more »
begun using it in the same class? Is there a period of time after which a trademark is listed as abandoned or dead that it is ok to beging using it?
Generally, trademark rights are based on use. Using a mark gives common law rights to the user of a trademark. Registering a trademark with the federal government will give extra rights in addition to the common law rights. Therefore, even if a trademark does not have an active registration,... Read more »
Just because a trademark registration has a status of abandoned, does not mean that the trademark owner stopped using the mark or that someone else has not started using the mark in the same or related class.
Names are not patentable or copyrightable. In most cases, not trademarkable either. Use the Find a Lawyer tab to consult a local intellectual property attorney to review with you.
If i go to Starbucks and purchase a reusable cup, am I legally allowed to go home, personalize it with a name or decoration and resell it? I’ve read several things, such as the “first sale doctrine”, and that leads me to believe that this is legal as long as I am not reproducing the logo or... Read more »
When you buy the cup, you own the cup, but you do not own the copyright rights associated with the logo. Your additions could be considered as creating a derivative work without the copyright owner's permission. Also, you would be infringing upon the trademark, and, since Starbucks mark is... Read more »
E commerce seller with business. Wants to sell dumbbells. does not want to be in trouble with patent law. Your help would be appreciated.
Thank you,
Yes.
Unless there are other details beyond what you have posted, you should be able to buy from anybody a standard product and put your trademark there.
You need to file for a trademark of course.
always consult with an attorney.
Marcos
www.legalbizglobal.com
480 324 6378
Proper comprehensive trademark search based on your international class of goods or services along with analysis of likelihood of confusion need to be done. It is not possible to give concrete yes/no answer over this forum with out complete information. Search need to happen, before i can say... Read more »
Nobody but the owner can tell you it is "allowed." If you do it without the owner's permission, the owner can sue you for trademark or copyright infringement if it finds out about it. The court would then decide if what you did infringed, based on all the facts.
If you use images of Waldo and other recognizable features of the books, then yes, it would infringe the copyright. Getting permission might be difficult to track down the owner. The book publisher might have the rights, or the author might have retained them. Use the Find a Lawyer tab to retain... Read more »
I own a food truck business called "Doctor Tasty's Mega Bites" and we are considering franchising.
When I did a mark search, I noticed Churches Chicken trademarked "Megabites" for a chicken nugget they released in late 2017.
Is it likely our mark would be... Read more »
It will definitely be rejected. A patent attorney could very likely overcome that rejection, however. Feel free to set up a consultation with me.
https://calendly.com/ahajiamospllc/15min
I don't have enough information to help you. You may want to have a consultation with an attorney.
Our products were sold exclusively by a large fortune 500 company under a trademarked brand name. They have recently stopped selling our products in lieu of creating their own line. I'd like to know if, in our marketing, we can say, [our product name] has been sold by [their company name]... Read more »
Use the Find a Lawyer tab to retain a local intellectual property attorney to review all the facts of the situation and advise you if the large company might take any action against you if you do that.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
