The cease and dissist letter stated, since we are using the word Eden in our name they want us to abandon our trademark, or they will take legal action. As I have stated, we Trademarked the name back to Edens herbs shop and theirs is Edens food. Is this legal?
Unfortunately, it is not possible to provide a meaningful answer to this question without having much more information. Generally speaking, goods/services do not have to be the same for a trademark infringement to occur so if that herbs shop sells edible herbs, that may be a problem. But the...Read more »
There is no existing registration for ELF BAR, in any class of goods or services.
There is a pending application to register ELFBAR (and design) for electronic cigarettes and related goods, based on use since Feb 2022; and another pending application to register ELFBAR BC5000 also for...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 »
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 »
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.
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.
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.
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.
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 »
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 »
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